PML-Q approaches LHC against ECP, postponed intra-party elections

PML Q High Court

LAHORE: The Pakistan Muslim League-Quaid (PML-Q) on Sat filed a petition within the Lahore High court (LHC) against the Election commission of Pakistan’s (ECP) call on suspending its intra-party elections.

PML-Q Lahore High Court

Pakistan Muslim League-Quaid (PML-Q) Central Secretary Kamal Ali Agha the petition with his counsel Safdar Shaheen Pirzada. Within the petition, he aforementioned that the ECP’s order was equivalent to halting the procedure of the party’s election.

He requested that the court Ch Shujaat as the PML-Q president, adding that he might become party chief through the intra-party elections if he desired to try.

Advocate Safdar expressed that the impugned order gone along the ECP was against the laws and facts of the case, therefore, not sustainable within the eyes of the law and was at risk of being put aside.

He more maintained that the ECP might solely issue directions or orders in step with the requirements of the performance of its functions and duties, however, its move during this reference failed to represent the commission’s jurisdiction.

He aforementioned that it is restricted to functions of the Commission as prescribed under the Elections Act in 2017.

He argued that Article one hundred seventy-five of the Constitution recognized solely those courts that ‘may be established by law as per the categorical phrasing of the Article.

The petition expressed that it is well-settled that the idea of power by an associate authority not mentioned within the Constitution would be illegal, unconstitutional, and not liable to be recognized by any court. It is equally commonplace that any illegal act by a public official can not be protected by the courts.

He highlighted within the petition that section 208 of the Election Act, 2017 provides that the election of an organization shall be following the procedure as provided by the Constitution of that organization.

That Article 41.1 of the Constitution of PML states that PML Council shall operate to elect the President and every other alternative officer bearers of PML.

He more declared that article forty-nine of the constitution of the PML-Q given that the operating committee shall be the principal government organ of the PML and shall perform functions, that embrace considering and passing resolutions, taking necessary steps with regards to matters arising from time to time about the target of the PML-Q, and confirming that any actions are not inconsistent or discrepant with the aims and objects of the PML-Q.

The attorney maintained that Shujaat’s actions were in dispute with the target of the resolution.

PML Q High Court
PML-Q approaches LHC against ECP postponed intra-party elections

He submitted article fifty of the constitution of the PML-Q given that the operating committee shall have the facility to appoint a central commission to prepare and conduct elections following the relevant provisions and it shall encompass 5 members.

It maintained that the Election Commission of Pakistan passed an illegal order to grant establishment to Shujaat to halt the procedures of the PML elections that were following the constitution of PML and Elections Act, 2017.

The petition conjointly read that it is further prayed by the court that the operation of the impugned Order could kindly be suspended until the final call of this petition.

The election commission of Pakistan (ECP) on Friday postponed the PML-Q’s intra-party elections regular for August ten.

A four-member bench of the Election Commission of Pakistan (ECP), headed by Chief of Election Commissioner of Pakistan Sikandar Sultan Raja, on a petition filed by PML-Q President Chaudhry Shujaat Hussain, stopped the party from holding intra-party polls and adjourned the hearing until August 16.

The Election Commission of Pakistan conjointly issued a notice to the party.

Shujaat had filed an application with the ECP to prevent intra-party elections, whereas the party had conjointly issued a show-cause notice to Punjab executive Kamil Ali Agha.

Shujaat had made his cousin-german, Punjab province Chief Minister Chaudhry Parvez Elahi, provincial secretary general and central chairman of the PML-Q party to the petition.

He had expressed within the petition that the intra-party elections were regular for August 10 while not the permission of the party president and executive.