ECP submits reply in SC over TLP's registration

Commission says the party has submitted consolidated statement of its account

ISLAMABAD: The Election Commission of Pakistan (ECP) has issued a notice to Tehreek-e-Labaik Pakistan (TLP) on the party's failure to submit the financial record of its campaign in the recent general elections.

"All political parties participating in elections are required to furnish to the commission the list of contributors who have donated or contributed an amount equal to or more than one hundred thousand rupees for its election campaign within sixty days in terms of section 211 of the Elections Act 2017 read with rule 161 of the Election Rules 2017.

The subject political party participated in the General Elections 2018 but has not submitted the details of campaign finance till date. The Election Commission of Pakistan (ECP) has been directed that notices be issued to all political parties who have failed to submit campaign finance failing which their election symbol shall be withheld," says the reply submitted by ECP through its Secretary Babar Yaqoob Fateh Muhammad in the apex court.

The two judge bench comprising Justice Mushir Alam and Justice Qazi Faez Isa would resume the hearing of the suo motu case today (Friday). It is learnt that Attorney General for Pakistan (AGP) office had submitted an application seeking adjournment of hearing due to non-availability of Anwar Mansoor Khan, who is going Lahore to appear in the matter related to the appointment of Zulfi Bukhari.



The ECP in its reply had also revealed that TLP submitted consolidated statement of its accounts in terms of Section 210 of the Election Act 2017. The head of the political party, Khadim Rizvi had certified that no funds from any source prohibited under this Act were received and that the statement contains an accurate financial position of the political party.

In compliance of the Supreme Court's October 11 order regarding the registration of TLP as political party, the ECP states that one Hafiz Khadim Hussain Rizvi Central Ameer of Tehreek-e- Labaik Pakistan filed an application on March 22, 2017 seeking enlistment of his political party in the name and style of Tehreek-e- Labaik Pakistan. The competent authority directed the office to proceed the application in accordance with law and rules.

The Election Commission had constituted a scrutiny committee to scrutinise the application and accompanying documents found the same in the conformity with the provisions of Political Parties Order 2002 and Political Parties Rules 2002.

The office submitted the case of the party before the commission in the light of the certificate of scrutiny committee, recommending enlistment of the party for approval or any other order deemed appropriate.

Later, the commission approved the office note and allowed enlistment of the political party on the application of Hafiz Khadim Hussian Rizvi, Markazi Ameer to be enlisted in the name and style of "Tehreek-e- Labaik Pakistan".

Therefore, the notification was sent to Manager Printing Press vide letter dated 25-05-2017 along with copy of notification for publication in the official Gazette of Pakistan extra ordinary PartIII, says the reply.

It is also submitted that Markazi Ameer of Tehreek –e- Labaik Pakistan submitted an application on August 11, 2017 for the allotment of party symbol. After the fulfilment of legal requirements, the ECP allotted 'Crane' as party symbol to Tehreek-e- Labaik Pakistan.



The ECP however submitted that Rizvi submitted yet another application expressing reservations over the enlistment of his party in the name and style of "Tehreek-e- Labaik Pakistan" and stated that their party should have enlisted in the name and style of "Tehreek-e- Labaik Ya Rassul Allah (TLYR)".

According to Rizvi, they had requested to enlistment of the same name but was objected by the staff of the ECP on the ground that the party cannot be registered on the same name. However, Rizvi again requested the ECP to reconsider his plea regarding the changing of name.

The said application is still pending in the ECP, says the reply.
Meanwhile, a lawyer Barrister Masroor Shah has moved a constitution petition seeking direction to the federal government to commence the process of dissolution of TLP as political party pursuant to Section 212 of the Elections Act, 2017 by making declaration by way of notification in the official gazette to the effect that TLP is operating in a manner prejudicial to the sovereignty and integrity of Pakistan and is indulged in terrorism;

He also pleaded to initiate contempt of court proceedings against Khadim Rizvi and Peer Afzal Qadri for scandalizing this court and tending to bring this court and its judges into hatred, ridicule and contempt.

The petitioner also prayed that the federal government be directed that instead of succumbing to political exigencies and taking mere cosmetic measures, discharge its constitutional duty to protect fundamental rights of the citizens and establish rule of law in the country by taking strict meaningful legal action against two TLP leaders for committing offences of sedition, incitement to mutiny, criminal intimidation, rioting and terrorism.

The petition states that no country can exist let alone flourish where judgments of the Courts are flouted and ridiculed, where armed forces are incited for mutiny by calling faith of their commanders into question and where vested political interests are furthered in the garb of religion.

The petition states that the government is hesitant to enforce its writ by reason of being overwhelmed by short-term political expediency. Merely by reason of losing a few votes in next General Elections, the Government has turned a blind eye to the acts of sheer terrorism prejudicing sovereignty and integrity of the country