Sattar's removal as convener: IHC maintains stay against ECP decision

The Islamabad High Court (IHC) Friday maintained its stay orders against the Election Commission of Pakistan's decision to remove Farooq Sattar as the convener of the Muttahida Qaumi Movement-Pakistan (MQM-P). A single bench of the IHC comprising Justice Aamer Farooq heard Dr Sattar's petition and maintained its earlier decision of suspending the ECP decision to remove him as the party head till the final outcome of his petition.
During the hearing Babar Sattar Advocate appeared before the court and concluded his arguments while Barrister Farogh Naseem represented MQM leader Khalid Maqbool Siddiqui. He will present his arguments in this matter on the next hearing to be held on April 16. Farooq Sattar's counsel Advocate Babar Sattar contended before the court that the ECP does not have the jurisdiction to interfere in a political party's internal affairs. He maintained that since MQM-P is registered under Farooq's name, the ECP does not have the authority to hear cases by another person who claims to be party's convener. Dr Farooq Sattar has moved the IHC challenging Election Commission of Pakistan (ECP)'s verdict to remove him as convener of Muttahida Qaumi Movement-Pakistan (MQM -P). In his petition, Dr Farooq adopted that he is the former convener and party leader of MQM-P and he was illegally removed from the position of convener on February 11 by some members of Central Coordination Committee of the party while the said illegal removal was confirmed by the ECP vide its order dated March 26. He prayed to the court to declare the said orders unconstitutional and illegal for being ultra vires of the Constitution, the Election Act 2017 and void ab initio for being without jurisdiction, against principles of natural justice, in contravention of the fundamental rights of the petitioner and therefore of no legal effect.
Dr Farooq requested to declare that till such time, intra-party election certificate of MQM-P dated March 11 notified by Secretary ECP is replaced in accordance with section 209 of Election Act 2017 or the petitioner is removed from office of party head in accordance with law by a court of competent jurisdiction, the certificate dated March 11 recognizing the petitioner as the convener of MQM-P shall remain in field and the petitioner shall continue to be recognized as party head.
He also requested the court to declare that secretary ECP is vested with no authority to organize, administer or oversee intra-party elections and is obliged by law to recognize and notify the intra-party election certification duly filed by the petitioner pursuant to section 209 of the Election Act 2017.
Dr Farooq submitted before the court to declare that secretary ECP is not vested with jurisdiction under the Constitution or the law to adjudicate internal disputes of MQM-P or other political parties under the garb of interpreting or seeking to enforce party constitutions or agreements among party members. He further prayed to the court to suspend the said orders pending adjudication of the instant petition.