Muhammad Latif
Islamabad: During the hearing of the case related to the specific seats of the Sunni Ittehad Council in the Supreme Court, Justice Jamal Mandukhil, talking to the lawyer Election Commission, said that tear the page, I should not stay on one page.
A full court headed by Chief Justice Qazi Faiz Isa is hearing the case.
Vakil Election Commission said that I have four legal objections, PTI did not hold intra-party elections as per law, PTI’s party ticket was signed by Barrister Gauhar as chairman, and no legal organization of Tehreek-e-Insaf while issuing tickets. No, the party organization did not exist due to the non-regularity of intra-party elections.
Justice Jamal Mandukhel said that the party tickets were issued on December 22, and the decision of the intra-party election case was on January 13, till then Barrister Gauhar was the chairman. Lawyer Sikandar Mohmand said that the Election Commission had declared the intra-party elections null and void on December 23.
Justice Mansoor Ali Shah said that the decision of the Election Commission had been suspended on December 26, while Justice Jamal Mandukhel asked where did the mistake came from and who did it also tell them. Lawyer Sikandar Mohmand said that many candidates did not write party affiliation, that is why the candidate will be independent.
Justice Jamal Mandukhel said that the real thing is the party ticket, without which the candidate will be an independent concept, to which the Election Commission lawyer replied that you and I are on the same page on this issue. Justice Jamal Mandukhel said that tear the page, I don’t want to stay on one page.
The Vakil Election Commission argued that the party tickets issued by Barrister Gohar do not have legal status, Sahibzada Hamid Raza was and is the chairman of the Sunni Unity Council, Sahibzada Hamid Raza could have issued party tickets to himself, Sahibzada Hamid Raza himself. Also did not issue a party ticket, Hamid Raza wrote in his nomination papers that he belongs to the Sunni Ittehad Council which has an alliance with PTI, Hamid Raza submitted a party ticket of PTI.
Justice Hasan Azhar Rizvi said that the returning officer had approved Hamid Raza’s papers. Vakil Election Commission said that Hamid Raza had submitted the declaration of PTI ideology in the affidavit.
Justice Shahid Waheed inquired whether an explanation was sought from Hamid Raza before declaring him as an independent candidate. The lawyer said that Hamid Raza had applied and asked for the election symbol of shuttlecock, in the record the party ticket is not of ideology but of PTI.
Justice Hasan Azhar Rizvi asked that after the nomination papers were approved, any notice was given of the discrepancy in the nomination papers. The lawyer said that the returning officer only looks at the candidate’s qualification in the scrutiny and not the election symbol. Tehreek-e-Insaf could hold intra-party elections by February.
Justice Muneeb Akhtar asked that even if there were intra-party elections, what difference would it make? Lawyer Sikander Mohmand replied that PTI would have got the electoral symbol and would have been eligible for the elections. Justice Ayesha Malik said that in this situation, the election schedule would have been disturbed, while Justice Muneeb Akhtar said that PTI was supposed to get such a special concession under which law?
The Chief Justice remarked that the issue of PTI elections was pending in the Election Commission for many years. Justice Muneeb Akhtar said that the party elections had already taken place and the issue was their legal status.
The counsel replied that the Election Commission could have given a concession to PTI under Article 218(3). Kanwal Shozab has no claim in the present case, Kanwal Shozab expected that she can become a candidate, Kanwal Shozab’s plea is inadmissible as she is not an aggrieved party. The Election Commissioner requested that Kanwal Shuzab’s petition be dismissed.
Lawyer Sikander Mohmand said that four PTI MLAs did not join the Sunni Unity Council, and Barrister Gauhar did not join the Sunni Unity Council. Justice Yahya Afridi said that according to the record, six candidates were declared independent by the Election Commission.
Justice Mansoor Ali Shah questioned whether it is possible to give PTI candidates three days to join the party. The lawyer replied that three days had already passed, how can it be given now? Justice Mansoor Ali Shah asked how many candidates had party affiliations and tickets of the same party. The lawyer said that the PTI tickets were not acceptable.
Justice Mansoor Ali Shah said that if the court concluded that it was wrong to declare the candidates independent, the three-day period would start again.
Justice Athar Manullah said that the decision of the Supreme Court had not terminated the registration of any party, due to wrong interpretation, the entire position of the Election Commission is damaged. The lawyer said that I have answered this question, the Sunni Ittihad Council contested the election and none of their candidates was successful.
Justice Ayesha Malik asked how the BAP party was given specific seats in KP in the last elections. The lawyer replied that the decision to give seats to the BAP party was not by the law, there was no hearing on the issue of giving seats to the BAP party. Justice Ayesha Malik asked how can the Election Commission take two different positions on one issue. The lawyer said that the current Election Commission decided after hearing all the parties.
