IHC judge Aamer Farooq, who suspended the ECP’s notice to the extent of the petitioners on November 30, restored the notice, saying the court would decide the matter after hearing the parties.
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On October 20, the ECP issued notices to several political parties, advising them ‘in pursuance of the provisions of Election Act, 2017’ to fulfill and comply with the provisions of Election Act, 2017.
The notice directed that under “section 201, 202, 209 and 210 [parties] provide a list of at least two thousands members with their signatures or thumb impressions along with copies of the National Identity Cards (Form 63 enclosed) and proof of deposit of Rs200,000 in favour of the Election Commission in State Bank of Pakistan or National Bank of Pakistan as enlistment fee within 60 days”.
The ECP had stated that if the political parties failed to comply with the commission’s directions, their enlistment under section 202(5) of the Act could be cancelled. The ECP had directed the parties to fulfill the requirements within 60 days.
Four political parties – Pakistan Muslim League-Safdar, Democratic Party of Pakistan, Pakistan Democratic Front and Sadai-e-Pakistan Party – had challenged the notice and nominated the federation as respondent through the secretary Ministry of Law, the ECP and director general (elections).
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The petitioners said since they were already registered with the ECP prior to promulgation of the Election Act 2017, the commission could not issue notice to them. While suspending the notice, the court on previous hearing had directed the respondents to submit a reply within a fortnight.
The petitioners maintained that they were legally enlisted political parties and had fulfilled all procedural and codal formalities.
When the petitioners are focusing on enlargement and reinforcement of their political parties, they said, the respondents are creating hurdles for them by making certain laws and rules in an indecent haste which are aimed at harming the already established political parties.
The petitioners had asked the court to set aside the ECP notification and declare it unlawful and void.
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