Intra-party elections case: Punjab CM challenges ECP’s jurisdiction

ISLAMABAD: Chief Minister Punjab Chaudhry Pervez Elahi has challenged before the Election Commission of Pakistan (ECP) the latter’s jurisdiction in intraparty elections case moved by Chaudhry Shujaat Hussain against his removal as President of Pakistan Muslim League Quaid (PML-Q) by the party’s Central Working Committee (CWC) last month.

In the case hearing on Tuesday, the CM Punjab’s counsel took the plea that the matter was pending in the Lahore High Court (LHC) as the defence side had challenged ECP’s order of August 5 in LHC regarding suspension of PML-Q’s intraparty schedule.

Headed by Chief Election Commissioner Sikandar Sultan Raja, a five member ECP bench comprising of Nisar Ahmed Durrani, Shah Muhammad Jatoi, Justice ® Ikramullah Khan and Babar Bharwana heard the case.

The defence side moved a petition in the electoral body challenging the ECP’s jurisdiction. The defence counsel urged the bench to first decide on the maintainability of the case before proceeding further.

Counsel for Shujaat Hussain, the complainant in the case, contended that the matter fell within ECP’s purview under the relevant provisions of Elections Act 2017 regarding intraparty elections. The CEC observed that the bench would first decide on the maintainability of the case but it was not bound to issue any instructions on the application moved by the defence lawyer.

He further said that LHC did not issue any directions to ECP regarding the case’s maintainability.

The defence side was of the view that ECP’s August 5 decision “rendered the PML-Q practically headless.” On this, Raja, the CEC remarked, “Is there any doubt in your mind that ECP will not decide this case as per law?”

Shujaat’s counsel sought two days from ECP to submit response to the objections moved by the defence lawyer on the maintainability of the case.

The bench accepted this request and adjourned the case till Thursday—August 18.

On July 28, the PML-Q’s CWC held a meeting and decided to remove Shujaat as party President and Tariq Bashir Cheema as General Secretary. The meeting also decided to hold PML-Q’s intraparty elections in 10 days.

Shujaat moved the ECP against this decision. On August 5, the electoral body suspended the PML-Q’s intraparty elections schedule.

The PML-Q stalwarts led by the CM Punjab moved LHC against the ECP’s decision. Presently, the related cases are pending in the ECP as well as the LHC.

The split within PML-Q emerged during the election of CM Punjab on July 22 wherein the Pakistan Tehreek-e-Insaf (PTI) and PML-Q candidate Pervez Elahi grabbed 186 votes against 179 votes of Hamza Shahbaz, the candidate of Pakistan Muslim League Nawaz (PML-N) and its allies.

However, in a move that raised eyebrows, the then Deputy Speaker Punjab Assembly Dost Muhammad Mazari announced that he received a letter from PML-Q chief Shujaat in which the latter instructed his party lawmakers to vote for Shahbaz. Citing this letter and Supreme Court’s presumed directives, Mazari discarded the PML-Q’s 10 votes that were cast in Elahi’s favour and declared Shahbaz as CM Punjab.

The PTI and PML-Q moved the SC against Mazari’s ruling.

In a landmark verdict, the apex court, on July 26, declared Elahi as CM Punjab by nullifying the ruling of the deputy speaker PA. The apex court declared that the parliamentary party, not the party head, had the final say in voting in the election of CM Punjab, under the relevant laws.

Copyright Business Recorder, 2022