PTI mulls filing reference against ECP members

Party's legal head urges PTI chief to take to the streets against alleged rigging in 2013 general elections

Our Correspondent August 25, 2015
Sources have told The Express Tribune that PTI chairman has already started consultation over the proposal for fling reference against ECP members. PHOTO: REUTERS


Forty-eight hours after the election tribunal ordering re-polling in the NA-122 constituency, Imran Khan’s Pakistan Tehreek-e-Insaf (PTI) is considering filing a reference in the Supreme Judicial Council (SJC) for the removal of four members of Election Commission of Pakistan (ECP).

The party’s senior leader Ishaq Khan Khakwani, who is looking after PTI election matters, has submitted a written proposal to party chief Imran Khan, stating that four ECP members were responsible for the “miscarriage of justice” in holding the 2013 general elections which were not held as per the law.

“General election inquiry commission held the ECP responsible for many legal lapses (40 in all). These lapses made the entire 2013 elections non-transparent and unlawful. These lapses also reflected on the incompetency of the election commission and its bureaucracy. These were the findings of the three judges of the Supreme Court including the chief justice,” says the two-page proposal.

Read: PTI condemns threats to Wajihuddin

The proposal also states that the present chief Election Commissioner, Justice Sardar Raza, faces opposition from his own four other commission members who were responsible for the neglect and omissions in implementing the laws governing the holding of general election. “No response from the election commission is therefore understandable but this state of affairs from a constitutional body is unacceptable for anyone in the general public and least of all from the PTI who is the second largest party in whole of Pakistan.”

Khakwani, who was the head of the task force, has also recommended that the PTI is left with no option but to agitate against the issue on the public platform immediately.

“Besides the agitation, the legal recourse which may be considered is to move the Supreme Judicial Council as per Article 209 of the Constitution to try the four members of the Election Commission for their misconduct and willful complacency in not holding the general elections in the manner as defined in law”, he added.

Sources revealed to The Express Tribune that Imran has started consultations over the proposal for filing a reference against the ECP members.

It has also been learnt that the top brass of the PTI is divided over the filing of reference as one section of the top leadership believes that in view of past judicial history, it’s impossible that SJC will give verdict against fellow retired judges, who are presently performing the duty as members of the ECP.

Read: PTI’s long wait ends: PML-N loses big wicket

However, another section of the party thinks that there is no harm in filing a reference against the poll supervisory members.

Earlier, PTI senior vice president legal wing Punjab in his individual capacity submitted a reference regarding the removal of the ECP members.

Published in The Express Tribune, August 25th, 2015. 

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pervaiz | 5 years ago | Reply @Excaliber @Ishrat Saleem @Hassan Hope you would have seen my reply and I'm waiting for your reply to clarify stay orders opportunity availed by PTI member parliament
pervaiz | 5 years ago | Reply @Hassan: Why he is going to SC because containerized allegations & illogical evidences are not acceptable before SJC, hope he should have learnt a lot after JC report. As far justice delay, it is bad and common in Pakistan along with many other countries, please have an example of Imran Farooq case at Scotland yard. even IK opponent are also victim of this delayed justice like Najam sethi and Iftikhar ch who were defamed at container days and now both are seeking justice from court but so called brave leader IK is not ready to face them in court. In the way IK & Pti both celebrated victory of NA-122 case, we hope now all pti would have enough confidence with courts and justice system in Pakistan. As far perk & privilege availed by Ayaz Sadiq, you are right. All cost should be recovered from him, but what you say about nearly a dozen pti memebrs (such as Ch Iaz, yousaf ayub, sardar Awais, Raja Ammir Zaman Haripur, Hassan Nawaz Sahiwal, Jamal FATA & Malik Ghulam Sarwar Rawalpindi) who were disqualified from assebly but availed their perks till last day. What about salaries drawn by PTI while they did not work for single day in assembly during Containerized dharna days...............
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