00:00 And the point I am making here is that when the measure of eligibility is brought into
00:06 a criteria, then someone has to determine whether or not you are eligible.
00:12 If I am five years old and want to run a 100-meter Olympics race, somebody will determine whether
00:19 I am eligible to do that.
00:22 [Hindi]
00:45 I will not take more than 30 seconds.
00:48 The Federal Election Commission shall declare the result of concerned panel or chairman
00:53 as the case may be at the notified polling day at the polling venue after taking objections.
01:01 They have not showed what objections, if any, they even asked anybody, "Kya koi objection
01:04 to nahi election mein?"
01:06 Or from the members or votes present at the venue.
01:11 Yeh kida chah parna hai?
01:13 Yeh main page 100 of the PTI rules.
01:16 Where will we find them on our books?
01:19 Yeh page 100 of the petition.
01:21 Page 100.
01:23 [Hindi]
01:31 Yeh shuru hote hain.
01:33 Page 98.
01:35 And 115, rules 15, jo Janab ke saamne pada gaya.
01:43 The Federal Election Commission shall declare the result of concerned panel or chairman.
01:49 15.
01:51 As the case may be at the notified polling day at the polling venue after taking objections
01:59 from the member or voters present at the venue.
02:04 So they have not discharged the burden of after.
02:08 Yeh toh pir unka jawab banta hai, humne jab unse poocha, "Jab agar saare unopposed aagey,
02:14 toh pir aap jaa ki meeting kyun ki wahan, Chamkani mein?"
02:18 Toh woh toh ispe reliae kar rahein, kyunki ho sakta koi object karta.
02:22 Main yeh keh rahein, yeh reliae zarur kar rahein, lekin yeh unke haq mein baat nahi kar raha
02:26 yeh pashay.
02:27 Yeh basically unopposed ka jo formula, ya model, ya methodology yahan present ki gayi
02:32 hai, yeh in rules ki bhi manisha mujhe toh nazar nahi aati.
02:35 So that's for my Lords to consider kya hai.
02:38 Agla jo mein guzarish karna chahata hoon, sir, it's a housekeeping aspect.
02:44 Aayeen ki, PTI ke aayeen ki, ek shikh hai, jo ke page 171 pe janab ke saamne aayegi.
02:55 Yeh bar kyun mein, aapko bhi aap le jaa rahein, aap avoid kar rahein yeh cheetahin.
03:01 Yeh 171 pe kya hai?
03:03 I'm basically guzarish kar rahein, ke janab ne sawal poochhe, ke Peshawar mein petition
03:06 kyu hui, kisne kyi, Lahore mein kyu hui, kisne kyi.
03:09 Uska aap kya jawab dite?
03:10 Ji, mai dita.
03:11 Unkaat kehna hai, ke mai jaa sakta hoon kahin bhi.
03:14 I will defer and support the argument presented by Makhdoom sahab, ke jab unhone ek Lforum
03:20 elect kar liya tha, Lahore ka, toh wahi par rahein na chahiye.
03:24 Yeh forum shopping hi hai, meri Naqis daay mein.
03:28 And this practice should not be condoned.
03:32 Yeh jo petition inne file ki Peshawar mein, inne disclose kiya, ke Lahore mein bhi pending
03:38 hai?
03:39 Nahi sir, mujhe nahi nazra aaya, but mai double check kar leta hoon, but mai usse bhi ek prior
03:43 fundamental point, housekeeping agar isko lightly lena chahate hain, aur more serious
03:47 agar isko authority ki base dekhna chahate hain, woh yeh hai ke one…
03:51 Yeh kaun hai aapke saath jo khande?
03:53 My colleague, he's been very kind and helpful and also…
03:56 He's not neither kind nor helpful, because he would be checking when we ask a question,
04:00 ke inne election petition jo Peshawar High Court mein file ki, usme yeh unne ne disclose
04:06 kiya, ke Lahore mein bhi maine petition file ki.
04:09 Yeh wo actually he tells me…
04:10 Wo par usko distinguish kar sakte, unko dete hai, aur check toh karne hai.
04:13 Badal just mentioned ki maine check kiya, certificate mein unhone aisa nahi likha, unhaka
04:16 first petition hai, but…
04:18 Nahi nahi, wo petition Peshawar mein first hai.
04:21 Unhone zikar kiya, ke bhai Lahore mein bhi ek petition hai, bishak uske wajah bata denge
04:26 ki doosra masla hai, idhar doosra masla hai.
04:30 Nahi ji, aisa nahi hai.
04:31 Jo main…
04:32 Sorry, was I on a lighter note?
04:34 I hope you don't mind.
04:35 Not at all.
04:36 I hope he doesn't mind.
04:38 I would not be able to read all these documents without them.
04:43 Nahi keh rahe hain, but actually paragraph 20 mein zikar kiya.
04:47 Certificate mein nahi hai.
04:49 20.
04:50 Certificate mein nahi hai.
04:51 Paragraph 20 mein.
04:52 20 mein badal.
04:53 Aaj ek sekar.
04:56 Nahi, page bata den, petition ka page.
04:58 Page 38.
04:59 Paragraph 20 mein, padhe.
05:08 "But however, no written order was provided for longer than expected.
05:23 Therefore, the petitioners filed several applications for copy of the order, saying that an order
05:36 was not in the constitution, prior to the amendment of June 2022, within 20 days positively,
05:42 and also resubmitted its results along with all required documents, including forms so
05:46 and so, within seven days.
05:47 This order of ECP dated 23-11-23 has been challenged in this petition which is pending
05:52 in the Lahore High Court."
05:53 Lahore.
05:54 But ECC sir, nahi…
05:55 Isme aapne number nahi diya aur isme aap isko distinguish nahi kar rahe hain ki ye relevant
05:59 nahi hai.
06:00 Mere saath…
06:01 Ya kya?
06:02 Yeh kala portion bataayen ki yeh alag controversy hai.
06:06 Wo, I've mentioned it, that was the question.
06:09 I've mentioned kiya.
06:10 Page 50 pe dekhenge chanaab karenge.
06:12 I've just received…
06:13 Page 50.
06:14 Page 50 pe jo certificate hai, "Certified as per instructions of the client that this
06:19 is the first petition before this court against the impugn of…"
06:22 This court.
06:23 Wo to baat sahi hai unki.
06:24 "Earlier writ petition so and so was disposed of with the direction to ECP to decide the
06:28 matter of IP…"
06:29 Yeh kaunsi petition hai, 5791?
06:30 Jisme direction di thi ki…
06:32 Maize pata hai, aapte aise keh rahi hai.
06:35 Main, main, main.
06:36 Kisi ne iski nishande hi nahi ki abhi tak.
06:39 Main abhi bata dika.
06:41 Okay.
06:42 And page…
06:43 602 pe janaab faisla hai, iska iski petition bhi kari…
06:49 Volume 3, 2?
06:51 Volume 3.
06:52 602 pe janaab faisla hai, iska iski petition bhi kari…
06:57 Volume 3, 2?
06:59 60…
07:00 602 pe faisla hai ji.
07:03 And the petition starts at page 585.
07:11 2?
07:12 The order in the petition and the petition starts at page 585.
07:23 Yeh zara padhe hai, yeh kisi ne aaj tak zikar nahi kiya hai.
07:26 To yeh kya cheez hai?
07:27 Yeh 602 pe padta ho.
07:29 Petitioners through the instant petition…
07:35 Nahi, nahi, haan, theek hai, okay.
07:36 Have asked for the issuance of an appropriate writ seeking directions to the respondent to display published certificate of the PTI on website of the Election Commission of Pakistan in terms of section 2093 of the Elections Act, 2070 without any delay.
07:50 During the course of arguments, we have been informed that subject matter of instant petition dispute over the intra-party elections of the Pakistan Tariq-e-Insaf conducted on 2-12-23 has already been heard in detail by the Election Commission of Pakistan and judgment has been reserved due to restraining orders of this court dated 11-12-23 and 15-12-23 passed in the instant petition.
08:11 Being so, notwithstanding the arguments so advanced and hard pressed by the learned council for the parties at the bar, keeping in view the peculiar facts and circumstances of the case and in the larger interest of justice rather than passing in any order or observation qua publication of the certificate of the PTI on the website and its publication in the official gazette under the provisions of…
08:34 Yeh stake order dikhai, 11-12-15-12 yeh kya hai?
08:38 (speaking in foreign language)
08:42 (speaking in foreign language)
08:46 - The petition was 585, sir.
08:50 (speaking in foreign language)
08:55 Are you sure?
08:59 (speaking in foreign language)
09:04 (speaking in foreign language)
09:08 Please see page 602.
09:18 The last line on the page refers to orders,
09:21 interim orders passed on 11th and 15th of December, 2023.
09:25 Are they on the record?
09:27 - My Lord, they are not.
09:28 - Do you have them?
09:29 - My Lord, I'll just check.
09:33 (speaking in foreign language)
09:36 - Issue on page five, starts with 590.
09:49 Hold and declare that delay on part of the ECP
09:53 to publish the certificate of PTI on the website of ECP,
09:56 especially in view of upcoming general elections.
10:02 (speaking in foreign language)
10:04 B, direct the Election Commission of Pakistan
10:07 to force it publish the certificate of PTI
10:11 on website of ECP as required by section 2093
10:15 in the interest of justice.
10:16 Hold and declare that proceedings by ECP in this regard
10:19 are without jurisdiction, without lawful authority
10:23 and illegal, and no action can be taken by ECP
10:26 in pursuance thereof.
10:28 Hold and declare that ECP cannot question
10:30 the validity of the IPEs, which is inter-party elections,
10:34 on the basis of any objections filed by any person.
10:37 In the meanwhile, restrain the ECP--
10:39 - Can you go back to page 602?
10:42 In paragraph two, this is the dispute.
10:46 - Gee.
10:50 - Any other points?
10:52 - Actually, the point that I wanted to make
10:54 with reference to the Constitution was, my Lord,
10:56 that if we're honest--
10:59 - Can you use the word Constitution, just clarify,
11:01 PTI or Pakistan?
11:02 - PTI, PTI Constitution, my apologies.
11:05 Page 171.
11:05 (speaking in foreign language)
11:13 1.3.7, this is second from the bottom.
11:20 SG, which is the Secretary General,
11:23 shall represent party in all judicial and legal matters.
11:28 So I was, while the questions were being asked by the court,
11:30 I observed that the Peshawar petition
11:33 was not authorized by the Secretary General,
11:36 but the chairman.
11:38 So this was just a point I wanted
11:39 to bring to the court's notice.
11:41 (speaking in foreign language)
11:44 In Lahore--
11:45 (speaking in foreign language)
11:47 He's a petitioner, but he's one of the petitioners here,
11:51 but the authority that is appended,
11:53 (speaking in foreign language)
11:56 that has been not given by the Secretary General himself,
11:59 but by the chairman.
12:01 (speaking in foreign language)
12:03 Apologies, I think there's a,
12:06 last two points, sir.
12:10 (speaking in foreign language)
12:14 Once section 66 is quite instructive to that debate,
12:25 I just want to identify that.
12:27 66 says,
12:29 a contesting candidate before seeking allotment
12:38 of a prescribed symbol shall file a declaration
12:40 before the returning officer about his affiliation
12:43 with a particular political party, if any,
12:47 along with a certificate from the political party
12:49 showing that he is the party's candidate
12:51 from the constituency.
12:52 (speaking in foreign language)
12:56 Section 66 is attending to general elections
13:09 or inter-party elections?
13:10 I'm now coming to the general elections.
13:12 (speaking in foreign language)
13:13 General elections.
13:14 I've not understood the point.
13:17 I'm sorry.
13:18 It was argued that the election commission
13:21 perhaps wants to deprive the party from the symbol
13:26 and in the process disenfranchise
13:29 lacks of people and also its members.
13:32 (speaking in foreign language)
13:36, three consequences.
13:41 (speaking in foreign language)
13:45 I have nothing further to add
14:09 unless there is a question that I need to respond to.
14:12 - Second.
14:13 - What is war of attrition?
14:14 You should ask a question.
14:17 (laughing)
14:18 I've asked a question.
14:19 (speaking in foreign language)
14:23 (speaking in foreign language)
14:27 (speaking in foreign language)
14:31 Three one of the elections act.
14:43 (speaking in foreign language)
14:46 Section 31.
14:53 Three, no, section three, subsection one
14:56 of the elections act 2017.
15:00 In the performance of its functions
15:05 and duties and exercise of its powers,
15:08 the commission shall regulate its own procedure.
15:10 (speaking in foreign language)
15:16 (speaking in foreign language)
15:20 Subsection three.
15:26 It follows the complete justice power
15:30 resting in the commission under subsection one
15:34 and it says, (speaking in foreign language)
15:36 the commission shall have the power
15:38 to issue such directions or orders
15:39 as may be necessary for the performance
15:41 of its functions and duties,
15:42 including an order for doing complete justice
15:44 in any matter before it.
15:46 (speaking in foreign language)
15:50 Anything required to be done
15:52 for carrying out the purposes of this act?
