ISLAMABAD: The Election Commission of Pakistan (ECP), on Monday, adjourned till November 15, the case seeking disqualification of Leader of the Opposition in the Senate Yousaf Raza Gilani, petitioned by the Pakistan Tehreek-e-Insaf (PTI), which has been pending for more than seven months.
A two-member ECP bench comprising Shah Muhammad Jatoi and Nisar Ahmed Durrani heard the case against the Pakistan Peoples Party (PPP) stalwart and former prime minister.
During the proceedings of the case, Jatoi asked PTI Member National Assembly (MNA) Maleeka Ali Bokhari whether she submitted any additional evidence in the case. The lawmaker replied that two affidavits and transcripts of four videos of Ali Haider Gilani were submitted.
The defendant side, once again, challenged the maintainability of the case, citing Section 9 (3) of Elections Act, 2017. This section reads, "Notwithstanding the publication of the name of a returned candidate-the commission may exercise the powers conferred on it - before the expiration of sixty days after such publication; and, where the commission does not finally dispose of a case within the said period, the election of the returned candidate shall be deemed to have become final, subject to the decision of an election tribunal on an election petition, if any."
Durrani asked the defendant to file a separate petition challenging the maintainability of the case. Gilani's counsel responded that he was yet to get a copy of PTI MNA Aliya Hamza Malik's petition in the case.
Her lawyer replied that he already provided a copy to the respondent and he was ready to provide another copy, before the ECP bench adjourned the case. Eyebrows were raised when Gillani, the joint candidate of opposition's Pakistan Democratic Movement (PDM), defeated the then Finance Minister Dr Abdul Hafeez Shaikh on Islamabad's General seat in March 3 Senate election.
Gilani secured 169 votes, while Shaikh got 164 votes and seven votes were rejected out of total 340 votes cast. The PTI-led ruling coalition had 180 seats compared to 160 seats of opposition in 342-seat National Assembly.
A night before the Senate elections, a video of Gilani's son Ali Haider Gilani was widely circulated in which he was seen allegedly buying votes in favour of his father. Three PTI lawmakers; State Minister for Information and Broadcasting Farrukh Habib, Maleeka Bokhari and Aliya Malik moved the ECP to halt the notification of Gilani's election as a senator.
The ECP rejected this request. Later, it accepted the PTI's petition to hear the case against Gilani, in connection with the video controversy, that has since been pending.
The Supreme Court had directed the ECP, in its decision regarding presidential reference on open ballot in Senate elections, to use technology in the Senate polls to ensure transparency. However, the ECP did not use technology, citing shortage of time, and decided to rely on technology in "future" Senate polls.
Copyright Business Recorder, 2021
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