SC fixes ECP's plea against PTI's challenges to contempt notices

Three-member bench comprising Justice Ayesha and Justice Minallah, to hear commission's petition on Nov 15

ISLAMABAD:

The Supreme Court on Friday fixed for hearing the Election Commission of Pakistan’s (ECP) petition seeking to consolidate and transfer all six challenges pending before different high courts to its contempt notice against PTI leaders, including party chief Imran Khan, before one high court.

A three-member bench, headed by Chief Justice of Pakistan (CJP) Umar Ata Bandial and comprising Justice Ayesha Malik and Justice Athar Minallah, will hear the ECP’s petitions on November 15.

It is pertinent to mention last month, a set of six ECP petitions pleaded before the apex court that ever since the high courts granted interim relief to PTI leaders by allowing the ECP to continue hearing the matter but not pass any final order till the outcome of the petitions, PTI leaders were avoiding appearance before the commission.

It said that the high courts’ orders which restrained the electoral watchdog from taking action against PTI leaders had brought the ECP to a standstill.

Later, in another set of petitions, the ECP argued that the high court orders were illegal and unlawful having effectively suspended Section 10 of the Elections Act, 2017, by restraining the ECP from taking ‘adverse action’ against the PTI leader.

It is pertinent to note that the ECP had issued contempt notices against the PTI leaders and asked the PTI leaders to appear in person or through their counsel before the commission to explain their positions.

However, the party leaders challenged the notices before different high courts, invoking the jurisdiction of different high courts including the Lahore High Court (LHC), Sindh High Court, Islamabad High Court and LHC-Rawalpindi Bench, on the grounds that Section 10 of the Elections Act, 2017 was against the constitution.

Section 10 of the Elections Act, 2017 is the statutory provision dealing with ECP's power to punish for contempt.

The PTI leaders also sought relief in the cases from the high courts.