The Islamabad High Court allowed Milli Muslim League (MML) petition to be enlisted as political party by the Election Commission of Pakistan (ECP). A single bench of IHC comprising Justice Aamer Farooq on Thursday announced its reserved judgment on the appeal of MML against the ECP decision that had refused to enlist it as political party.
The MML through its President Saifullah Khalid had approached the IHC and made ECP and secretary interior as respondents. The petitioner adopted in his petition that the ECP issued an order dated October 11 whereby enlisting MML as a political party has been denied. He added that the said order of ECP was mala fide without application of independence mind, beyond jurisdiction, non-speaking and evidently inchoate, arbitrary, unreasonable, unfounded and illegal while the same is violative of the Constitution, the Political Parties Order, 2002 and the Political Parties Rules, 2002.
He stated that it has been a matter of debate since long that none of the political party out of almost 352 enlisted by the ECP fulfils the requirements of a political party in the real sense of the word and represents the people of Pakistan in all the federating units. "Such political parties instead of promoting harmony, patriotism, Ideology of Pakistan, and protecting the rights of people of Pakistan promised at the time of creation of Pakistan and enshrined in the Constitution, are damaging the identity, ideology of Pakistan, and interests of people of Pakistan and are doing to protect their personal interests and involved in corruption," read the petition.
It added that a political party MML was formed in accordance with Article 17 (2) of the Constitution read with Article 3 of PPO, 2002. However, the petitioner said that it was October 11 when ECP without hearing to the petitioner's counsel declined to enlist the party (MML) as political party in the record of ECP on the plea that Ministry of Interior has directed to avoid the registration of the party.
He adopted that the said order passed by ECP is liable to set aside and declared as illegal. "That Article 17 (2) of the Constitution confers a fundamental right on every citizen, not being in the service of Pakistan, to form or to be a member of a political party, subject to any reasonable restrictions imposed by law in the interest of the sovereignty or integrity of Pakistan," he maintained. Therefore, he prayed to the court that the said order may be set aside and ECP may be directed to scrutinize the documents of the petitioner afresh strictly in accordance with law and enlist the party in its record.
He further requested the court to direct secretary interior not to interfere in the affairs of enlist of MML.