ECP stay of PML-Q intra-party polls challenged in LHC

The Pakistan Muslim League-Quaid (PML-Q) has moved the Lahore High Court challenging the Election Commission of Pakistan’s (ECP) order granting stay to President Chaudhry Shujaat Hussain against the intra-party election.

Petitioner Kamal Ali Agha, the central secretary of PML-Q, filed a petition in the LHC through Advocate Safdar Shaheen Pirzada contending that the electoral watchdog’s order was tantamount to halting the procedure of the election of the PML chief.

He requested the court to declare that Shujaat was no more president of the party.

“If he (Shujaat) wishes to be the president, his wishes can only be fulfilled in accordance with the results of the election scheduled to be held on August 10,” the counsel said.

The petition said that the “impugned order”, passed by the ECP, was against the law and facts of the case, therefore, the same was not sustainable in the eyes of law and liable to be set aside.

Read ECP suspends PML-Q intra-party polls

The lawyer contended that the ECP could only issue directions or order as may be necessary for the performance of its functions and duties. But in this case, the ECP did what does not fall under its jurisdiction, he said, adding that it was limited to functions of the Commission as prescribed under Elections Act, 2017.

Advocate Pirzada argued that Article 175 of the Constitution recognised only those courts that “may be established by law” as per the wording of the article.

It is a well-settled principle that the assumption of power by an authority not mentioned in the Constitution would be illegal, unconstitutional and not liable to be recognised by any court, the lawyer said.

It is equally trite that any illegal act by a public functionary cannot be protected by the courts, he added.

“Section 208 of the Election Act, 2017 provides that election of a political party shall be in accordance with procedure as provided by the Constitution of that political party. That Article 41.1 of the Constitution of PML states that the PML council shall perform the function to elect the president and all other officer bearers of PML,” Advocate Pirzada mentioned in the petition.

The counsel further said that Article 49 of the Constitution of the PML provided that the working committee shall be the principal executive organ of the party and perform functions which include inter alia to consider and pass resolution and to take necessary steps with regards to matter arising from time-to-time relating to the PML’s objective.

It ensures that any action, which is inconsistent or at variance with the aims and objects of the PML, like that of respondent Shujaat was in contravention of the objective of the resolution.

The lawyer argued that Article 50 of Constitution also provided that the working committee shall have the power to appoint a central election commission to organise and conduct elections in accordance with the relevant provisions and it shall consist of five members.

He said the ECP had passed an illegal order to grant status quo to Shujaat to halt procedure of election of PML which was in accordance with the Constitution and Elections Act, 2017.

He requested the court that the operation of the impugned order may be suspended till a final decision on the petition.