The Election Commission of Pakistan (ECP) is set to address Pakistan Tehreek-e-Insaf’s (PTI) intra-party election case tomorrow, a move that closely follows the Supreme Court’s stern reminder to the commission regarding its failure to implement a significant July 12 ruling.
This ruling declared PTI, the political party led by Imran Khan, eligible for reserved seats in both the National and provincial assemblies. The developments unfold amidst a tense political climate, with the government struggling to gather support for constitutional amendments that may affect judicial authority.
The Supreme Court’s directive last week clarified the July 12 ruling after the ECP submitted a petition for its review, raising concerns about the interpretation of the judgement. The commission’s decision to review the case tomorrow comes as a critical moment in Pakistan’s political landscape, with implications for both the PTI and the broader legal and electoral system.
ECP to Implement Court Orders Despite New Legislative Challenges
According to senior officials within the ECP, the remaining PTI lawmakers will be formally notified in accordance with the Supreme Court’s orders on Wednesday. However, recent legislative changes, including the Election (Second Amendment) Bill 2024, complicate the situation.
This new law bars independent candidates from joining political parties after a certain timeframe and prevents parties from submitting priority lists for reserved seats beyond a specific deadline.
A senior ECP representative stated that the commission is obligated to enforce the court’s ruling, regardless of these new legal stipulations. “The commission will have to comply with the Supreme Court’s decision, no matter what the law says,” the official emphasized. The commission’s legal team has asked for additional time to review the matter, but the general consensus is that the court’s orders take precedence.
The latest amendments to electoral law have sparked widespread debate, with opposition parties accusing the government of pushing for changes that could limit judicial independence and undermine the electoral process. Despite the controversy, the ECP is expected to move forward with its decision on the PTI case as well as other pending intra-party election cases.
Supreme Court Criticizes ECP’s Delay in Implementing July 12 Judgement
The current escalation of events stems from a petition filed by the ECP on August 7, requesting a review of the Supreme Court’s July 12 judgement. The court had initially ruled in favor of PTI, recognizing the party’s right to claim reserved seats for women and non-Muslims in the National and provincial assemblies. However, the ECP argued that the relief granted to PTI was misplaced, as neither the party nor its candidates had approached the commission, the Peshawar High Court, or the Supreme Court to formally claim the seats.
The Supreme Court was not swayed by the ECP’s argument, rejecting it as a delay tactic intended to stall the execution of its orders. In its statement, the court remarked, “The clarification sought by the ECP was nothing more than a contrived device and the adoption of dilatory tactics, adopted to delay, defeat and obstruct implementation of the decision of the Supreme Court. This cannot be countenanced.”
The court’s decision came at a crucial time, as PTI’s status in the assemblies has been under scrutiny, particularly with the party’s ongoing internal challenges and disputes with the ruling government. The case has significant political ramifications, as PTI remains a key player in Pakistan’s political arena despite facing intense legal and political pressure in recent months.
ECP Rejects PTI’s Pleas, Asserts Authority Over Intra-Party Elections
As part of its preparations for the case, the ECP has already made clear its stance on PTI’s intra-party elections, dismissing fresh applications filed by the party that challenged the commission’s jurisdiction. PTI had requested that the ECP instruct the Federal Investigation Agency (FIA) to return documents seized during a raid on the party’s secretariat and to postpone the intra-party election case until the Supreme Court issued a detailed judgement in the reserved seats matter.
In a 10-page ruling authored by Nisar Ahmed Durrani, a member of the ECP from Sindh, the commission rejected all four of PTI’s pleas, asserting that it holds the authority to regulate intra-party elections.
The ruling emphasized that the case had been delayed long enough and could not be postponed any further. Durrani’s order highlighted the importance of intra-party elections for maintaining political transparency and accountability, a point that has been a subject of ongoing debate in Pakistan’s political discourse.
Intra-party elections in Pakistan are often regarded as a formality, with the ECP generally accepting certificates from political parties that attest to the completion of the elections. However, the commission has repeatedly rejected PTI’s internal elections since June 2022, citing irregularities in the process.
While PTI remains at the center of attention in this case, it is not the only party under the ECP’s scrutiny. The commission is also set to hear the intra-party election case of Jamiat Ulema-e-Islam-Fazl (JUI-F) tomorrow. The outcome of these hearings will not only affect the respective parties but could also have a wider impact on how Pakistan’s electoral system functions in the future.
The ECP’s handling of PTI’s intra-party election case comes at a pivotal moment in Pakistan’s political timeline, with both legal and legislative developments influencing the outcome. As the commission prepares to implement the Supreme Court’s orders, the broader implications for PTI’s future and the country’s evolving electoral landscape remain in focus.
Tomorrow’s hearing could mark a critical turning point, not only for PTI but for the integrity and transparency of intra-party elections across Pakistan’s political spectrum.
