IHC bars ECP from issuing verdict against Imran

ISLAMABAD – The Islamabad High Court Monday restrained the Election Commission of Pakistan from issuing verdict in a matter wherein Chairman Pakistan Tehreek-e-Insaf Imran Khan is alleged of violating the ECP’s election code of conduct during by-polls in Punjab.

A single bench of IHC comprising Justice Aamer Farooq conducted hearing of the matter and issued stay orders for second time barring the ECP to announce its judgment in this connection.

It was February 6, 2017 when the ECP had issued notices to Imran Khan for violation of elections code of conduct. Earlier, the same IHC bench had issued a stay order in this matter on May 4, 2017 but later on it was vacated last year due to the absence of the petitioner and his counsel.

During the hearing on Monday, Imran’s counsel Babar Awan Advocate requested the court to issue stay order and the court granted it.

Under the election code of conduct, President, Prime Minister, Federal/Provincial Ministers, MNAs and MPAs could not participate in the election campaigns during bye-elections.

The PTI Chairman has challenged the ECP notifications regarding restrictions on political party heads, MNAs, MPAs to participate in the election campaign for bye-elections and consequential proceeding against him for violation of the said notifications.

His counsel had been contending before the court that under the constitution no unreasonable restriction could be imposed on a person and any restriction should be according to law. This restriction is only Imran Khan’s specific as the treasury benches through announcement of development project could campaign for the same.

The ECP notifications were violation of the fundamental rights and article 15, 16, 17 and 19 of the Constitution of Pakistan.

In his petition, Imran Khan nominated ECP through its Chairman and Director General (Elections) of ECP as respondent.

He adopted that being head of a political party, he addresses different campaigns for bye-elections throughout the country and it is his right guaranteed under article 16 of the Constitution of Pakistan regarding peaceful assembly.

Imran Khan said that he and his party “has a commendable record of holding peaceful and unarmed rallies, sit-ins for an unprecedented period of marathon 126 days, which proves the fact that the petitioner and his party PTI believes in Supremacy of law, Constitution of Islamic Republic of Pakistan 1973 and public order.”

He stated that to the surprise of petitioner, ECP on April 16 and May 7, 2015 issued notifications whereby initially restrictions were imposed on President, Prime Minister, Chief Ministers, State Minister, Governors and Advisors to visit any area of any constituency or give any subscription or donation in such constituencies. Later through a notification dated September 16, 2015, party heads, MNAs and MPAs were also included in this notification.

He argued that the said notifications were challenged before a high court that declared these null & void. Later the ECP filed appeals before Supreme Court of Pakistan and apex court in September 2015 passed an interim order through which operation of the high court judgment was suspended and therefore the ECP notification were revived.

He maintained that Supreme Court however said that it did not authorise ECP to keep issuing such notifications in respect of other constituencies in future wherein elections are to be held or were being held.

Later, ECP issued notices to Imran Khan on February 6, 2017 for visiting different constituencies in the province of Punjab. According to the petitioner, these notices were wholly illegal, mala fide and without lawful authority.

He continued that petitioner is an aggrieved because being head of a political party he could not even visit constituencies during the campaign for bye-elections. He said that the ECP is abusing its authority and issued person-specific notification on February 6, 2017 adding that it was an act with intent to keep only the petitioner out of the election campaign of by-elections.

Imran added that keeping the men in power out of election campaign is understandable but the MNAs and MPAs do not exercise any such power and financial control and the decision to exclude them from campaigning has no logic, reason and rationale behind it.

He further said that for all practical purposes and intent, it is the opposition which is put at disadvantage and these notifications for the advantage of treasury benches.

Therefore, he prayed to the court to declare the May 7, 2015, September 16, 2015, and February 6, 2017, along with any other consequential proceedings pending before the ECP as illegal, without lawful authority and of no legal effect.

Source: The Nation