PTI urges SC not to revisit reserved seats order

• Accuses ECP of seeking to delay implementation of July 12 judgement
• Claims party has its organisational structure in place
ISLAMABAD: The Pakis­tan Tehreek-i-Insaf (PTI) on Monday approached the Supreme Court to seek implementation of its July 12 judgement in the reserved seats case, urging the court to reject the Election Commission of Pakistan’s (ECP) plea to revisit the short order.
Moved by senior counsel Uzair Karamat Bhandari on behalf of PTI’s Secretary General Omar Ayub Khan, the petition pleaded that ECP’s application was nothing but an attempt to circumvent and delay the implementation of the July 12 short order.
On August 7, the ECP had requested the SC to revisit its July 12 judgement in the case, arguing that the court had granted relief to PTI when neither it was a political party, nor persons claiming to be its candidates ever approached the commission or the Pesh­awar High Court or the top court to claim any reserved seats for women or non-Muslims.
Before the ECP, PML-N as well as PPP had filed separate petitions also seeking to review the July 12 Supreme Court judgement in the reserved seats for women and non-Muslims.
The ECP has filed the petition with mala fide intention, solely to deny PTI its rightful share of reserved seats in parliament pursuant to the July 12 short order of this court, argued PTI’s petition, adding that the party’s organisational structure was very much in place as the party had taken all necessary steps and was in full compliance with the applicable law.
The PTI had already conducted its intra-party elections and submitted to the ECP the requisite certificate and document in terms of Section 209 of the Elections Act 2017.
On Monday, the PTI pleaded that it was incomprehensible how the ECP was alleging that there was no organisational structure in place in the party, which could give requisite confirmation of affiliation.
The petition reminded that the ECP has written a number of letters to the PTI, some of those letters have been addressed to Barrister Gohar Khan, referring to him as the chairman of PTI.
It is Barrister Gohar Ali Khan in his capacity as chairman, and Omar Ayub Khan in his capacity as general secretary of the party who signed the confirmations with PTI of the returned candidates who have filed their statements to the ECP in light of the SC’s short order.
A valid organisational structure of the PTI exists, emphasised the party petition, adding its chairman and other office-bearers having been duly elected.
The chairmanship of Barri­ster Gohar Khan was acknowledged by the ECP in its correspondence with the PTI, and as such, there can be no disp­ute or confusion as to the fact that the affiliation of returned candidates, namely MNAs and MPAs, on behalf of the PTI can be confirmed by Barr­ister Gohar Khan as the elec­ted chairman of PTI and Omar Ayub as its general secretary.
Since affiliations have been signed by Barrister Gohar and Omar Ayub, the elected chairman and general secretary of the PTI respectively, there can be no question regarding any consequences on account of any unauthorised person issuing such authorisations.
As such, the ECP is bound to treat the confirmations issued by the commission as valid, in view of the law laid down by the SC in 1999 Bahadur Khan Bangulzai case, the petition said.
The petition pleaded to order the ECP to accept the affiliations/confirmation statements of PTI candidates signed by Barrister Gohar and Omar Ayub and to implement the directions issued through the short order by the apex court.
CJP’s appointment
Meanwhile, in a separate development, PTI Senator Azam Swati on Monday visited the SC to inquire about the outcome of PTI’s reference against Chief Election Commissioner (CEC) but claimed that he was not even allowed to access the office of the registrar, who was the secretary of the Supreme Judicial Council (SJC).
He accused CEC Sikander Sultan Raja of depriving PTI of its due rights and demanded that the notification for the elevation of senior puisne judge Justice Syed Mansoor Ali Shah as the next Chief Justice of Pakistan (CJP) be issued without wasting any further time.
He recalled that the notification of Justice Qazi Faez Isa as CJP was issued four months before his elevation to the coveted post. He said former prime minister Imran Khan had cancelled PTI’s public meeting on August 22 for the sake of country’s peace and asked him to announce the cancellation in respect of Khatm-i-Nabuwwat (PBUH) when the Supreme Court was hearing a case regarding the Mubarak Sani case.
Published in Dawn, August 27th, 2024