PTI moves IHC against ECP order, jurisdiction

Justice Aamer Farooq issued the directives after the PTI once again challenged ECP's jurisdiction


Rizwan Shehzad June 02, 2017
Justice Aamer Farooq issued the directives after the PTI once again challenged ECP's jurisdiction. PHOTO: AFP

ISLAMABAD: The Islamabad High Court (IHC) on Thursday directed the PTI to submit, within seven days, the required documents along with its petition challenging the jurisdiction of the ECP as well as the commission’s order of May 8 in the foreign funding case.

Justice Aamer Farooq issued the directives after the PTI once again challenged, on Wednesday, the jurisdiction of the ECP as well as its order of May 8 before the IHC in the foreign funding case.

Initially, the Registrar Office had raised objections over incomplete documents, but the court took up the case along with the objections and directed the party to complete the documents within seven days and submit them before the court.

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Challenging the ECP’s May 8 decision, PTI chief Imran Khan has taken the position that the electoral body does not have jurisdiction under the Political Parties Order (PPO) 2002 to adjudicate on the complaints filed by citizens.

“The PPO does not provide a framework of a tribunal for adjudication of complaints and scrutiny of accounts,” said the PTI chairman, adding that the accounts submitted by the petitioner are past and closed transactions.

He has nominated the ECP and Akbar Sher Babar, a founding member of the PTI, as respondents. Babar, in his application before the ECP, had questioned sources of foreign funds to PTI.

In the petition, Imran, through his counsel, said the ECP has been constituted for the purpose of elections, and regulating a political party is not a process of election as envisaged under Articles 218 and 219 of the Constitution.

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The counsel said that the ECP, by assuming jurisdiction under the PPO to entertain a complaint or a petition, would be acting in excess of authority given to the ECP for assuming the powers of a tribunal, which is contrary to law and legal norms set forth by the superior courts.

Imran has prayed to the court to suspend the ECP’s May 8 order and declare it illegal and void. He has also asked the court to declare that the accounts submitted by the petitioner are past and closed transactions and that Babar has no ‘locus standi’.

Additional Input By Rizwan Shehzad

 

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