ECP decides against de-seating Ayesha Gulalai

PTI Chairman Imran Khan's reference was rejected by the electoral body

ISLAMABAD: The Election Commission of Pakistan (ECP) on Tuesday dismissed Pakistan Tehreek-e-Insaf Chairman Imran Khan’s reference against Ayesha Gulalai, seeking to de-seat her as member of the National Assembly.

She was elected as MNA on a women’s reserved seat.

“Arguments on either side completed. For detailed reasons to be recorded separately and by a majority of three to two, the reference is hereby answered in the negative,” said the short order written by Chief Election Commissioner Justice (retd) Sardar Muhammad Raza.

The PTI chief had filed a reference with the ECP to disqualify Gulalai for violating party laws by abstaining from voting for the PTI's chosen candidate, Sheikh Rasheed, for the office of prime minister after the ouster of Nawaz Sharif on July 28.



Gulalai, who hails from Fata, parted ways with the PTI after levelling allegations of sexual harassment against its chairman, Imran Khan. The PTI after serving her show-cause notice moved the ECP to de-seat her on charges of defecting the party.

On the conclusion of arguments by the counsels of both sides, the ECP gave a split decision. The members of Balochistan and Punjab dissented with the majority opinion, whereas the CEC, and the members of Sindh and Khyber-Pakhtunkhwa maintained that there was no violation of party rules on Gulalai's part.

Subsequently, Gulalai will remain a member of the National Assembly.

Meanwhile, the PTI strongly reacted to the decision. The party chairman described the ECP’s decision as unconstitutional. “We are looking into the matter. Ayesha Gulalai had announced that she was leaving the party after violating party rules,” the PTI chief said while talking to the media.

“We hope the ECP will decide matters impartially and not just against the PTI,” he added.

PTI Central Secretary Information Shafqat Mehmood in a statement said: “The Election Commission’s verdict on the reference against Ayesha Gulalai is a severe blow to Article 63(A) of the Constitution and raised questions over the commission’s neutrality and constitutional role.”

He went on to say that the decision shows that constitutional ascendance and eminence comes after personal preferences.



“Article 63(A) of the Constitution,” Shafqat Mehmood maintained, “doesn’t permit member parliament to cling to the party seat after violating party’s policy,” adding, “The article decrees de-notifying the member who breach party’s policy in the election of the PM in the house.”

Lashing out at Ayesha Gulalai, Shafqat Mehmood stated that she more than once had announced leaving the party and the media and anchors were a witness to this. Moreover, she also transgressed party’s policy during the election to the PM post in the lower house, he said.

The commission’s credence has been deteriorated after this unconstitutional and unpopular decision and it has increased the need for serious consideration on the role and priorities of the ECP to manifolds, Shafqat Mehmood stated.

He went on to add that today’s decision will endanger parliamentary democracy and will have deep and excruciating impacts on the political milieu. Shafqat Mehmood stated that PTI is considering and reviewing all aspects of the decision and will decide future course of action shortly.

Senior leader PTI and party’s Chief Whip Dr Shireen Mazari stated that the Constitution clearly says that members of the National Assembly, who votes against party decision on the Finance Bill or election of prime minister loses their seat but the Election Commission gives a verdict against this, brazenly showing its bias.