PTI files complaint against CEC, members

Party says ECP failed to hold Punjab, K-P assemblies polls within constitutional limit of 90-day period

ISLAMABAD:

The PTI has filed a complaint against the chief election commissioner (CEC) and four members of the Election Commission of Pakistan (ECP) in the Supreme Judicial Council (SJC), seeking their removal from office for "violating" their constitutional duties by not holding elections for the Punjab and Khyber-Pakhtunkhwa assemblies within the constitutional limit of 90 days after their dissolution.

The complaint has been filed by party's founding chairman Imran Khan and General Secretary Omar Ayub through Barrister Syed Ali Zafar.

On April 10, 2022, then premier Imran Khan was ousted from office through a vote of no-confidence.

Later, in January 2023, the PTI decided to dissolve the Punjab and Khyber Pakhtunkhwa provincial assemblies it ruled in a bid to force early polls.

On February 21, President Arif Alvi, who was from the PTI, unilaterally announced April 9 as the election date in the two provinces, creating a constitutional crisis, with experts wondering if he had the right to do so.

Later, in consultation with the president, the ECP announced that the elections in Punjab would be held on April 30.

However, the polls supervisor body put off the provincial polls to Oct 8, citing the deteriorating security situation in the country.

In April, the Supreme Court declared the ECP's decision to delay the elections as "unconstitutional". The top court ordered the government to hold snap polls in Punjab on May 14. The court's verdict followed a petition filed by the PTI.

On holding the polls in K-P, the top court said a petition should be filed at an appropriate forum.

In the complaint, the PTI maintained that the party's ability to participate "freely and fairly' in Feb 8 general elections was hindered due to "unconstitutional actions" of the ECP, alleging that the polls supervisory body "failed" to perform its duty.

The CEC, Sikandar Sultan Raja, and ECP members, Babar Hassan Bharwana, Nisar Ahmed Durrani, Shah Muhammad Jatoi and Justice (retd) Ikramullah Khan have been named in the complaint.

Referring to the constitutional obligation, the complaint noted that the election supervisor cannot take sides in favour of or against any political party. "ECP cannot restrict or stop any political party from functioning and carrying on political activities nor can it shut its eyes if any acts and violations are taking place due to which elections are not being conducted honestly, justly, fairly and in accordance with law," it said.

"By not holding the elections to the national and provincial assemblies within 90 days, ECP has breached its oath of upholding the Constitution and the law."

The complaint further alleged that the ECP connived with then PDM government for committing atrocities and causing damage to PTI, its leaders and workers.