Pakistan

PTI mulls filing reference against ECP members

Party's legal head urges PTI chief to take to the streets against alleged rigging in 2013 general elections

Our Correspondent August 25, 2015

Sources have told The Express Tribune that PTI chairman has already started consultation over the proposal for fling reference against ECP members. PHOTO: REUTERS

ISLAMABAD:

Forty-eight hours after the election tribunal ordering re-polling in the NA-122 constituency, Imran Khan’s Pakistan Tehreek-e-Insaf (PTI) is considering filing a reference in the Supreme Judicial Council (SJC) for the removal of four members of Election Commission of Pakistan (ECP).

The party’s senior leader Ishaq Khan Khakwani, who is looking after PTI election matters, has submitted a written proposal to party chief Imran Khan, stating that four ECP members were responsible for the “miscarriage of justice” in holding the 2013 general elections which were not held as per the law.

“General election inquiry commission held the ECP responsible for many legal lapses (40 in all). These lapses made the entire 2013 elections non-transparent and unlawful. These lapses also reflected on the incompetency of the election commission and its bureaucracy. These were the findings of the three judges of the Supreme Court including the chief justice,” says the two-page proposal.

Read: PTI condemns threats to Wajihuddin

The proposal also states that the present chief Election Commissioner, Justice Sardar Raza, faces opposition from his own four other commission members who were responsible for the neglect and omissions in implementing the laws governing the holding of general election. “No response from the election commission is therefore understandable but this state of affairs from a constitutional body is unacceptable for anyone in the general public and least of all from the PTI who is the second largest party in whole of Pakistan.”

Khakwani, who was the head of the task force, has also recommended that the PTI is left with no option but to agitate against the issue on the public platform immediately.

“Besides the agitation, the legal recourse which may be considered is to move the Supreme Judicial Council as per Article 209 of the Constitution to try the four members of the Election Commission for their misconduct and willful complacency in not holding the general elections in the manner as defined in law”, he added.

Sources revealed to The Express Tribune that Imran has started consultations over the proposal for filing a reference against the ECP members.

It has also been learnt that the top brass of the PTI is divided over the filing of reference as one section of the top leadership believes that in view of past judicial history, it’s impossible that SJC will give verdict against fellow retired judges, who are presently performing the duty as members of the ECP.

Read: PTI’s long wait ends: PML-N loses big wicket

However, another section of the party thinks that there is no harm in filing a reference against the poll supervisory members.

Earlier, PTI senior vice president legal wing Punjab in his individual capacity submitted a reference regarding the removal of the ECP members.

Published in The Express Tribune, August 25^th, 2015.

COMMENTS (11)

pervaiz | 8 years ago | Reply @Excaliber @Ishrat Saleem @Hassan Hope you would have seen my reply and I'm waiting for your reply to clarify stay orders opportunity availed by PTI member parliament

pervaiz | 8 years ago | Reply @Hassan: Why he is going to SC because containerized allegations & illogical evidences are not acceptable before SJC, hope he should have learnt a lot after JC report. As far justice delay, it is bad and common in Pakistan along with many other countries, please have an example of Imran Farooq case at Scotland yard. even IK opponent are also victim of this delayed justice like Najam sethi and Iftikhar ch who were defamed at container days and now both are seeking justice from court but so called brave leader IK is not ready to face them in court. In the way IK & Pti both celebrated victory of NA-122 case, we hope now all pti would have enough confidence with courts and justice system in Pakistan. As far perk & privilege availed by Ayaz Sadiq, you are right. All cost should be recovered from him, but what you say about nearly a dozen pti memebrs (such as Ch Iaz, yousaf ayub, sardar Awais, Raja Ammir Zaman Haripur, Hassan Nawaz Sahiwal, Jamal FATA & Malik Ghulam Sarwar Rawalpindi) who were disqualified from assebly but availed their perks till last day. What about salaries drawn by PTI while they did not work for single day in assembly during Containerized dharna days...............

VIEW MORE COMMENTS

Hassan | 8 years ago | Reply @pervaiz: Mr.Pervaiz he is not going to SJC against the ECP members,because he is and i am sure you are too well aware of the fact that it will take a decade to debar these ECP people,because of the failed Justice system in Pakistan. Just imagine it took 2.5 years (half of this govt's tenure) to finally know that the custodian of the house was in the house with no merit. He enjoyed all perks on our tax money,having no true mandate at all. Isn't that destabilizing the country for you?Heh?

ishrat salim | 8 years ago | Reply @pervaiz: you dumb guy. First read the judgment of JC & the 2 other Election tribunal judgment against 125 & 122. All these 3 judgments have exposed failures of EC members in conducting free, fair & transparent election & not as per rule & law, so, it is right of PTI & now even PPP has similar complain & supports PTI stance. How come it is going to destabilize the country, if one seek justice ?

excalibur | 8 years ago | Reply @ pervaiz are you for real ? The Judicial Commission as well as the Election Tribunal have exposed and charge sheeted the Election Commission and NADRA categorically What evidence are you talking about ? Best to agitate on a public platform as that is the only language crooks understand not the convoluted 'legal' channels of Stay orders and Doctrine of Necessity

z | 8 years ago | Reply Judgement on NA 122 election results has been accepted by the government. However, the most sensible people of Pakistan are still unable to understand that why Kazim Malik left provincial assembly result 'untouched' where PTI's candidate declared winner. Same bags were holding voting record for national and provincial assemblies. So there must be something wrong. IK please stop influencing the judges.

pervaiz | 8 years ago | Reply Why IK hesitate to go to SJC to get fate of election commission members?? it is because he has no evidence like 35 punctures & allegations he levelled against Iftikhar chaudary. This joker like politician only wants to destabilize country

Mukhar | 8 years ago | Reply Since the last 60 years of Pakistan the 'MIGHT IS ALWAYS RIGHT'. The one with power is always right. That is what IK wants to change. That is what Islam says. Equality across the board.

Lalukhaiti | 8 years ago | Reply Thanks Imran Khan for giving us 'Shaoor' regarding election riggings. Appreciate your tireless efforts in order to get the system fixed.

Paki | 8 years ago | Reply Our movement will go on until we get free and fair election. Insafian.

iftikhar | 8 years ago | Reply PTI go a head, no matter what they decide, accountability is must and dispensing justice is not a family matter among brother justices whether retired or in service. Please set a precedence that how influential some one is, accountability will take its course.

Replying to X