In a major development, the Pakistan Tehreek-e-Insaf (PTI) and its Chairman, Barrister Gohar, approached the Supreme Judicial Council (SJC) on Saturday against the Chief Election Commissioner and other members of the Election Commission of Pakistan (ECP), accusing them of misconduct and biases towards the party.
PTI has accused the ECP of electoral rolls and polling scheme riggings, incorrect allotment of polling stations, deletion of names from electoral roles, stoppage of information through short-messaging services (sms) services, illegal rejection of nomination papers, appointment of alleged politicised executives as returning officers (ROs), denial of level-playing field, denial of entry of PTI's polling agents, refusal of issuance of Form-45 and post-poll rigging.
"It is further requested that the instant complaint be taken up and inquiry into the matter be commenced as soon as it may be convenient for this Honourable Council," the PTI prayed in its complaint, a copy of which is available with The [Friday Times].
The party further urged the top court that if, after the inquiry, the SJC finds that the Chief Election Commissioner (CEC) and other members of the ECP were incapable of performing their duties and are guilty of misconduct, then this council shall recommend to the President that the respondents should be removed immediately.
The complaint states that the ECP must act independently and impartially and that it is not at liberty to take sides in favour of or against any political party.
"Under this constitutional obligation, ECP cannot restrict or stop any political party from functioning and carrying on political activities nor can it shut its eyes if any acts and violations are taking place due to which elections are not being conducted honestly, justly, fairly and in accordance with law," the complaint said.
It added that the ECP equally has a constitutional duty to guard against corrupt practices in the conduct of elections.
"ECP cannot be a participant in restricting or sabotaging the political activity of any political party ignore disregard the principles of honestly, justice and fairness in elections are being violated or acts are taking place against the law."
PTI has alleged that the ECP has violated and breached its constitutional duties, obligations and responsibilities to conduct elections honestly, justly, fairly and in accordance with law and to guard against corrupt practices.
The complainants requested the immediate removal of the ECP (Chief Election Commissioner and Members) due to alleged serious allegations of misconduct, including pre-poll, poll day and post-poll riggings, as detailed below.
The complainant, PTI and its chairman Barrister Gohar Khan, also sought accountability for the unconstitutional actions of the ECP.
It is submitted in the complaint that the ECP did not hold elections in Khyber Pakhtunkhwa and Punjab for the provincial assemblies there because the Pakistan Democratic Movement (PDM) did not want the election in two provinces, hence the constitutional body with mala fide intention as well as open defiance of the Supreme Court judgement complied with the wishes of PDM parties.
"ECP's malfeasance was obvious further because, even otherwise, ECP presented no evidence in fact before the Supreme Court to justify the lack of funds or security reasons."
ECP not only circumvented the decisions of the Supreme Court but openly defied them.
"By declining to perform its primary obligation of conducting elections within the timeline devised by the Constitution, and refusing to obey the orders of the Supreme Court, ECP not only acted illegally but this proves that ECP had unconstitutional objectives to fulfil."
As PTI was the party in power in both the provincial assemblies of Punjab and KP before they were dissolved, it is only reasonable that they were dissolved with the purpose of carrying out fresh election which would better gauge the pulse of the voters at the given point in time.
Thus, by ensuring that the elections were not conducted at a constitutionally prescribed time, despite Supreme Court orders, ECP violated its constitutional obligations merely to prevent that party. to This viedeo soon became from returning to the Assemblies which was the most popular among the voters of these two provinces.
PTI further argued that what is glaringly evident from actions and inactions of the ECP throughout is that its chief and other members were making a mockery of the Constitution and its unequivocal provisions by deliberately misinterpreting and misapplying them to their liking.
"Even though they were corrected time and again through various judgements of the high courts as well as the Supreme Court, ECP were paying no heed at all and were in fact acting in defiance."
The complaint further stated, "ECP executed a grand scheme to disqualify former prime minister and former PTI Chairman Imran Khan, and removed him as Chairman of PTI thereby disabling him from participating in politics and damaging PTI as a political party and then to "disqualify" PTI altogether from contesting the elections."
It said the ECP has become prosecutor against PTI's founder Imran Khan.