Tehreek-e-Insaf will have to prove the Election Commission’s malice, Chief Justice
Islamabad: Chief Justice of Pakistan Qazi Faiz Isa has said that there should be democracy in political parties as well.
A three-member bench of the Supreme Court, headed by Chief Justice of Pakistan Qazi Faiz Isa, comprising Justice Muhammad Ali Mazhar and Justice Musrat Hilali, is hearing the appeal of the Election Commission against the decision of the Peshawar High Court.
PTI’s lawyer Ali Zafar argued that the Election Commission has no power or jurisdiction to review intra-party elections and declare them null and void. Not to allot a symbol to a party for any alleged irregularity, Constitution and law do not empower the Election Commission to scrutinize intra-party elections, It is the right of every political party to contest on a symbol, to deprive the election symbol. It is to deny the fundamental right of the political party and the people, the Election Commission is not a court of law, so it cannot give a transparent trial under Article 10A, no member of Tehreek-e-Insaf has challenged the intra-party election.
Ali Zafar said that the Election Commission ordered to hold intra-party elections in 20 days, we had ten days, if the elections were not held in 20 days, the Election Commission would have thrown our political party out of politics. It is not only our members who challenged the intra-party election, but the Election Commission did not find any irregularities in its decision.
The Chief Justice of Pakistan said that there should be democracy in the political parties as well, the main question of the intra-party election is whether the members got the opportunity to participate in the elections or not, it was objected that some members were not given the right to participate in the intra-party election. Gaya, Akbar S. Babar maintains that he is a member.
The Chief Justice of Pakistan remarked that you said the Election Commission was malicious in law and facts, you will have to prove malice, the Election Commission started the process when Tehreek-e-Insaf was in government, you can also say that. The Election Commission is so independent that it started the process when PTI was in government, you can’t say you don’t want democracy at home but you want democracy outside, politics is democracy, you want politics but not democracy.
Justice Muhammad Ali Mazhar said that while you are talking about level playing field, there should be level playing field in PTI as well.
Ali Zafar said that the symbol of sword was taken from PPP in the past, then PP became a parliamentarian.
The Chief Justice said that the Muslim League has just seen such a time but it is also to be seen who was in the government at that time. Today, the opponents of PTI are not in the government. Yes, you are not even alleging that your opponents are in government.
The Chief Justice of Pakistan said that you cannot present a piece of paper and say that the election is over. The allegation is that the intra-party election is just a piece of paper. Your founding chairman is currently in jail. He is facing trial tomorrow. They will come out and say, I don’t know these people, at least the members should get the right to vote, the law of Parliament says that political parties should bring democracy within themselves, why should the 14 people who approached the Election Commission vote? Deprived of the right.
Ali Zafar took a position that if there is any irregularity in the election, then the Election Commission has no right to examine it, if anyone objects to our intra-party election, then go to the Civil Court, the Election Commission is not a court of law.
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