Registration as a party: MML moves IHC against ECP order

Says the Oct 11 order of the electoral watchdog not to enlist it is without lawful authority


Rizwan Shehzad October 25, 2017
Saifullah Khalid (2nd L), president of Milli Muslim League (MML) political party, holds a party flag with others during a news conference in Islamabad on August 7, 2017. PHOTO: REUTERS/FILE

ISLAMABAD: Milli Muslim League (MML), the political offshoot of Jamaat-ud-Dawa (JuD), has sought the Islamabad High Court’s (IHC) directions for the Election Commission of Pakistan (ECP) to enlist it as a political party and to allot it an election symbol.

MML President Saifullah Khalid on Tuesday challenged the ECP’s October 11 order which refused to register the MML as a political party on the recommendation of the interior ministry.

The ministry had urged the ECP to avoid registering the MML, arguing that allowing such parties to flourish would fuel violence and extremism in domestic politics.

ECP turns down Milli Muslim League's registration application

But the MML, through its counsel Raja Rizwan Abbasi, requested the court to direct the ECP to apply an independent application of mind for enlistment of the party, to complete the formalities for an election symbol and to declare interior ministry’s intrusion in the issue illegal.

The MML-supported candidate, Yaqoob Sheikh, had recently contested the by-poll in NA-120 constituency of Lahore and bagged 5,822 votes, to the surprise of everyone. Banners displayed in his support during the election campaign had photos of JuD chief Hafiz Saeed and the Quaid-e-Azam.

The MML counsel said that in the bye-election, the MML announced its support for an independent candidate instead of supporting the wife of the ‘disqualified ex-Prime Minister, Mian Nawaz Sharif’.

This, he claimed, was the reason why the government started a propaganda against the petitioner in the print and electronic media to portray them as a proscribed and unregistered party.

“None of the office-bearers of the party is associated with any proscribed or banned organisation,” the counsel said, adding that the office-bearers were highly educated and not even a fictitious FIR existed against anyone of them.

Abbasi said declining the MML’s request was in violation of the Constitution and the Political Parties Order (PPO), 2002. He claimed that none of 352 registered political parties either fulfilled criteria for a political party, or represented people of Pakistan in all the federating units.

He maintained that the MML prepared constitution of the party and submitted it to the ECP along with list of its office-bearers and a certificate on August 7, 2017. The ECP, however, declined to enlist the MML, observing that the interior ministry had asked the ECP not to register the party.

The counsel said a copy of the interior ministry’s letter was not provided to the petitioner, adding that the ministry had no role in registration of a political party under the law. Under Article 17(2), it is the fundamental right of a citizen to form political party or become its member.

Interior ministry tells ECP not to register MML

'“The party constitution categorically provides that a person shall stand disqualified to be a member or office-bearer of the party if he is found involved in conspiracy against the people of Pakistan, the government and the assets of the state or found involved in any terrorist activity,” he said.

Abbasi claimed that the ECP’s order was non-speaking, without any lawful authority and the report of the interior ministry had not been corroborated with any solid proof with regard to the involvement of the party or any of its office-bearers in any unlawful activity.

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