00:00 which could not be even a short order had to be a medium-sized order.
00:06 [Arabic]
00:11 We'll upload the order on the website so you can get a copy of it.
00:15 The Election Commission of Pakistan had issued a notice on 24th November, May 2021
00:22 to Pakistan's Tehreek-e-Ishaq to hold intra-party elections,
00:25 which was followed by a show-cause notice stating that Section 208 of Elections Act 217
00:32 mandates that intra-party elections and PTI must be held,
00:35 and it had been five years since the last one was held.
00:38 And ECP stipulated the consequences mentioned in the Act,
00:42 which would follow if elections were not held.
00:44 PTI did not dispute that elections had not been held,
00:48 but submitted that because of COVID-19,
00:50 the time for holding its intra-party elections may be extended by one year.
00:55 Time was granted and PTI was directed to hold intra-party elections no later than 13 June 2022
01:03 and told that "no further extension will be granted".
01:07 Intra-party elections are stated to have been conducted by PTI on 8 June 2022.
01:12 However, the ECP, with its order dated 13 September 2023,
01:18 held that PTI had failed to hold "transparent, just and fair intra-party elections"
01:27 and that instead of invoking the provisions of Section 215(5) of the Act,
01:32 "a lenient view has been taken with direction to the respondent party
01:38 to hold its intra-party elections strictly in accordance with the prevailing party constitution
01:43 within 20 days positively",
01:46 failing which it would "be ineligible to obtain an election symbol for elections".
01:54 PTI assailed ECP's order before the Lahore High Court in Writ Petition No. 81171/2023,
02:02 which was initially heard by a single judge,
02:05 but on PTI's request for constitution of a full bench,
02:08 it was listed for hearing before a five-member bench,
02:11 together with Writ Petition No. 332/2023.
02:16 While both these petitions were pending adjudication before the Lahore High Court,
02:21 PTI contended that it had conducted its intra-party elections on 2 December 2023,
02:27 but it did not withdraw WP No. 81171/2023.
02:33 A number of complaints were received by ECP,
02:35 alleging that intra-party elections were not held in PTI,
02:38 and the ECP issued notice to PTI upon receipt whereof Writ Petition No. 5791 was filed before the Peshawar High Court
02:48 and an ad interim order was obtained against the ECP that it should not pass a final order
02:59 till the determination of Writ Petition No. 5791.
03:08 Subsequently, Writ Petition No. 5791 was disposed of by the Peshawar High Court
03:14 by directing the ECP to decide the matter by 22 December 2023.
03:20 The ECP passed order dated 22 December 2023,
03:25 in which it held that PTI had not complied with the directions issued by the ECP
03:32 and it failed to hold intra-party elections in accordance with PTI's constitution,
03:38 the Act and the Election Rules of 2017,
03:44 with the consequence that Section 215(5) of the Act would be attracted,
03:50 so and to which PTI was declared ineligible to obtain the election symbol which it had applied for.
03:57 The order of ECP dated 22 December 2023 was assailed before the Peshawar High Court
04:03 in Writ Petition No. 6173, which was allowed with a short order dated 10 January 2024.
04:10 Detailed reasons whereof were given subsequently.
04:14 Two representatives of PTI had filed another Writ Petition in the Lahore High Court bearing No. 287 of 2024
04:21 against the ECP which was disposed of by Learned Single Judge.
04:26 Writ Order dated 3 January 2024, holding that the prayer sought therein could only be granted
04:34 if Section 215(5) of the Act was declared ultra-viris a constitution,
04:40 but since the same was not challenged, the relief sought could not be granted.
04:45 It was also mentioned that the petition was pending in the Peshawar High Court.
04:49 An intra-court appeal was filed against the order of the Learned Single Judge.
04:53 However, a division bench of the Lahore High Court upheld the order of the Learned Single Judge.
04:57 Writ Petition No. 81171 and 332 remained pending in the Lahore High Court.
05:04 Writ Petition No. 6173 filed in the Peshawar High Court did not disclose that
05:10 Writ Petition No. 81171 was pending adjudication before a five-member bench of the Lahore High Court,
05:16 even though it pertained to the very same matter, that is, the holding of intra-party elections in PTI.
05:23 Writ Petition No. 6173 filed before the Peshawar High Court was not maintainable
05:28 because the same issue of intra-party elections had already been assailed by PTI before the Lahore High Court.
05:35 If two or more courts have concurrent jurisdiction, while a petitioner may elect to avail of his remedy before either court,
05:42 but having chosen a particular court, the same dispute cannot then be taken to the other court.
05:48 ECP has been calling upon PTI to hold its intra-party elections since 24th May 2021.
05:56 At that time, PTI was in the federal government and in some provinces.
06:01 Therefore, it cannot be stated that ECP was victimizing PTI.
06:05 Nonetheless, we wanted to satisfy ourselves that the ECP had not acted malafide or for ulterior reason,
06:12 or that PTI was discriminated against.
06:15 It transpired that ECP had passed orders against 13 other registered political parties,
06:21 which were far more severe than the order passed against PTI.
06:25 One such case of All Pakistan Muslim League came before this court on 12 January 2024 and the order of the ECP delisting the said political party was upheld.
06:36 ECP wanted to ensure that PTI holds intra-party elections.
06:40 The mere production of a certificate stating that such elections were held would not suffice to establish that intra-party elections had been held
06:48 when a challenge was thrown to such an assertion.
06:51 Nor, in our opinion, should ECP concern itself with minor irregularities in the holding of a political party's elections.
06:59 However, in the instant case, not even prima facie evidence was produced to show that a semblance of elections had been held.
07:07 14 PTI members with stated credentials had complained to ECP that elections had not been held.
07:13 These complaints were brushed aside in the writ petition by simply asserting that they were not members of PTI
07:19 and thus not entitled to contest elections.
07:22 But this bare denial was insufficient, particularly when they had credibly established their long association with PTI.
07:30 And if any member of a political party is expelled, it must be done in accordance with Section 205 of the Act,
07:36 but no evidence in this regard was forthcoming.
07:39 Democracy founded Pakistan, a fundamental aspect of which is the ability to put oneself forward as a candidate
07:47 and to be able to vote, both within a political party and in general elections.
07:52 Anything less would give rise to authoritarianism, which may lead to dictatorship.
07:58 The ECP is a constitutional body, and amongst its duties are those mentioned in the Constitution of the Islamic Republic of Pakistan,
08:06 Article 219(e), of which stipulates that ECP must also undertake such functions as prescribed by law,
08:13 which would include those mentioned in the Act.
08:16 Section 208 of the Act mandates that political parties must hold intra-party elections periodically
08:22 and that a period not exceeding five years elapse within two elections.
08:27 It further stipulates that every member of a political party could be provided with an equal opportunity
08:34 of contesting election for any political party office.
08:38 Members of PTI were not provided nomination papers when they went to get them,
08:43 nor were any intra-party elections held.
08:46 Incidentally, the notice issued by PTI's secretariat that their elections were to be held in Peshawar,
08:53 but did not mention the venue, and then the venue was shifted to Chamkani, which is a village adjacent to Peshawar.
08:59 Neither before the Lahore High Court nor before the Peshawar High Court,
09:02 any provision of the Act, including Section 215(5), was challenged.
09:06 The observation of the learned judges that the provision of the law was absurd was uncalled for,
09:12 particularly when no provision thereof was declared to be unconstitutional.
09:16 Surprisingly, no declaration was sought nor given that intra-party elections were held in PTI,
09:22 let alone that the same were held in accordance with the law.
09:25 If it had been established that elections had been held, then ECP would have to justify
09:31 if any legal benefit to such a political party was being withheld.
09:35 But if intra-party elections were not held,
09:38 the benefits accruing pursuant to the holding of elections could not be claimed.
09:43 We also do not agree with the learned judges that the ECP did not have, quote,
09:47 "any jurisdiction to question or adjudicate the intra-party elections of a political party."
09:53 If such an interpretation is accepted, it would render all provisions in the Act requiring the holding of
09:59 intra-party elections "illusory and of no consequence and be redundant."
10:05 Therefore, for the forced and detailed reasons to follow,
10:08 this petition is converted into an appeal and allowed by setting aside the impugn order
10:12 and judgment of the Peshawar High Court, passed in WP No. 6173(b) of 2023.
10:18 Resultantly, the order of the ECP dated 22 December 2023 is upheld.
10:24 Thank you.
10:28 [END PLAYBACK]
10:30 [NON-ENGLISH SPEECH]
10:33 [NON-ENGLISH SPEECH]
10:36 [NON-ENGLISH SPEECH]
10:39 [NON-ENGLISH SPEECH]
10:43 [NON-ENGLISH SPEECH]
10:46 [NON-ENGLISH SPEECH]
10:54 [NON-ENGLISH SPEECH]
11:09 [NON-ENGLISH SPEECH]
11:12 [NON-ENGLISH SPEECH]
11:15 High Court's ruling.
