Paramilitary soldiers stand guard outside the Pakistan's election commission building in Islamabad. — AFP/File
ISLAMABAD: The PTI on Tuesday sought two weeks' time from the Election Commission of Pakistan (ECP) to respond to notices received in the prohibited funding case, a request that was accepted.
A four-member bench, headed by the Chief Election Commissioner (CEC) Sikandar Sultan Raja, held a hearing on a notice served to PTI chairman Imran Khan in the case.
Owing to his schedule, PTI’s lawyer Shah Khawar did not appear at the hearing. However, the party’s assistant lawyer Naveed Anjum represented the party in the hearing.
He said that there are several documents in the case which he has to gather which requires time. The lawyer then sought two weeks from the commission to submit a detailed response to the notice.
In response to the request, the CEC asked PTI’s lawyer why he has to collect the documents when he already possesses them, as he had been part of the entire process.
Anjum responded by saying that the party is collecting documents from foreign chapters.
The hearing of the case was adjourned till September 6, after PTI’s request for extra time was approved by the commission.
ECP de-notofied Soomro from NA-196 Jacobabad due to long absence.
Court says Soomro should have submitted a leave application.
Mohammad Mian Soomro is currently abroad, will return on Sept 27.
The Islamabad High Court Friday barred the Election Commission of Pakistan (ECP) from holding by-elections on the vacant seat of Muhammad Mian Soomro.
Barrister Zainab Janjua, the petitioner’s lawyer, presented her arguments before Justice Mian Gul Hassan Aurangzeb. Soomro’s counsel told the court that her client was elected from constituency NA-196 Jacobabad and is one of those PTI MNA who didn’t resign.
She further added that National Assembly Speaker Raja Pervez Ashraf declared the seat vacant due to the member's absence from the lower house for 40 days.
“The petitioner is out of the country and cannot travel much due to health issues; however, despite this, the ECP de-notified the MNA and announced by-polls,” Soomro’s counsel told the court.
However, Justice Aurangzeb said that the petitioner did not submit a leave application and remained absent from the assembly for 40 days.
After hearing the arguments, the court refrained the ECP to hold by-elections on the NA-196 Jacobabad seat until the next hearing scheduled to be held in September.
Justice Aurangzeb directed Barrister Janjua to confirm from her petitioner regarding his plans to go to the assembly because his presence will be mandatory. To this, the counsel informed the court that his client will return on September 27 and will then go to the assembly.
The court directed that registrar high court to schedule the next hearing in September.
Last week, the ECP had de-notified Soomro from NA-196 Jacobabad, under Clause (2) of Article 64 of the Constitution after the decision of National Assembly.
A representational image of the Election Commission of Pakistan building. — Facebook/File
ISLAMABAD: The Election Commission of Pakistan (ECP) Tuesday ruled that the Imran Khan-led PTI received funds from prohibited sources and issued a show-cause notice, asking the party to explain why its funds shouldn't be frozen.
So what happens when a party is issued a show-cause notice?
ECP sources said that the body issues show-cause notices to a party under the Political Party Order, 2002, and gives it a chance to explain itself and present its case. Through the move, the party gets a chance to come clean before its assets are frozen.
The party usually has 7-14 days to submit its response before the ECP.
In case the party has documented evidence that it has not committed illegal acts, it has the chance to present those documents before the election commission, the sources said.
If the party, according to sources, successfully persuades the election commission, through the documents, that it has not received prohibited funding, the ECP can reverse its ruling.
But if the ECP is not convinced, it will send a reference to the federal government — which will then pursue the case. The federal government, through investigation, will determine whether the donations fall under the category of foreign funding or prohibited funding.
If the government finds the reference to be authentic, then it has the authority to confiscate party funds or dissolve it.
Moreover, when the prohibited funds are confiscated, a declaration to dissolve the party will be sent to the Supreme Court.
The final authority lies with the apex court whether to approve or reject the declaration of the party's dissolution.
If the Supreme Court approves the declaration, the party is dissolved and its members in the National and Provincial Assemblies are unseated.
ISLAMABAD: The Election Commission of Pakistan (ECP) on Tuesday announced the much-awaited verdict in the Pakistan Tehreek-e-Insaf (PTI) ‘prohibited’ funding case tomorrow (Tuesday), ARY News reported.
The ECP bench in its reserved verdict said prohibited funding against PTI has been proven.
A three-member bench headed by Chief Election Commissioner (CEC) Sikander Sultan Raja, comprising Nisar Ahmed Durrani and Shah Muhammad Jatoi announced the reserved verdict.
The ECP in its verdict said PTI received funding from 34 foreign nations and the details of 13 accounts were not disclosed.
The ECP also declared the statement on oath of former prime minister Imran Khan as ‘wrong’ and issued show cause notice to the Pakistan Tehreek-e-Insaf.
The case was filed by PTI founding member Akbar S. Babar and was pending since November 14, 2014. Babar had alleged serious financial irregularities in the party’s funding from Pakistan and abroad.
The development comes days after the ruling alliance, comprising members of the Pakistan Democratic Movement, PPP, and Muttahida Qaumi Movement-Pakistan, urged ECP to release the verdict in the case.
PTI foreign funding case
The Election Commission of Pakistan had reserved its verdict after the conclusion of arguments from both sides of the case on June 21.
It is noteworthy that PTI foreign funding is being heard by the election commission since November 2014.
PTI founding member and former information secretary Akbar S Babar had filed the case in the ECP in November 2014, alleging financial irregularities in PTI’s foreign funding and that it received funds from prohibited sources.
The PTI has rejected the charges as baseless and unfounded.
A guard and a signboard outside the Election Commission of Pakistan. — AFP/File
During Punjab by-polls, ECP sent out a clear message that rigging would result in strict action, spokesperson says.
He says propaganda was being spread against ECP about secret balloting in Senate election.
Says ECP was currently working on EVMs, finding a mechanism to allow overseas Pakistanis to vote.
The Election Commission of Pakistan (ECP) on Sunday decried the "misleading propaganda" being carried out regarding some decisions and events and clarified that the body has "not allowed any government to interfere in the electoral process."
According to a statement issued by the commission's spokesperson, propaganda was being spread against the ECP regarding the issue of secret balloting in the Senate election.
He said that Article 226 of the Constitution has clearly stated which election shall be conducted following the process of secret balloting, therefore, the commission could not be declared guilty of violating the Constitution.
"Why wouldn't Gilani be not notified when the results were issued after the voting in the National Assembly? What would be the legal justification for withholding the notification of any winning candidate?" the spokesperson asked, adding that the ECP taking action against PPP's Ali Musa Gilani was also based on propaganda.
The spokesperson further said that the way elections were rigged during the Daska by-election has been unprecedented, adding that since two high-level inquiries proved that the presiding officers were kidnapped, while the police and the administration revealed surprising facts about the rigging in their statements, then the ECP's decision to reorder polling was justified.
The ECP spokesperson maintained that 80% of the successful candidates were not from the ruling party in all the by-elections, while the body did not allow any government to interfere in the electoral process.
"The government was not allowed to interfere in the by-elections of 20 constituencies of Punjab as the ECP had sent out a clear message that if anything of that sort happened, strict action would be taken," he said, adding that improved security deterred gunmen and outside meddlers during the election because of which all political parties accepted the election results.
Regarding the introduction of electronic voting machines (EVMs) in the polls, the spokesperson said that only two countries in the world, India and Brazil, were using EVMs at the moment.
"Both countries took 22 to 25 years to adopt this system, respectively. Elections are held at different times in Indian states," he said. "ECP officials also met with the Brazilian ambassador to discuss the issue, and he said that it would be a 'miracle for the EVMs system to be used in Pakistan by October 2023 elections'".
He further stated that the ECP was currently working on EVMs as well as finding a mechanism to allow overseas Pakistanis to cast their votes in future elections.
In this regard, the spokesperson said that the report of the system made by the National Database and Registration Authority (NADRA) for overseas voting has been submitted to the Parliament under the order of the Supreme Court, but to date, no discussion could be held on that.
The government also got the system audited by an international firm, he said, adding that the then secretary of the Information and Technology department and representatives of the international firm briefed the commission.
According to the briefing, if the system created by NADRA was employed, the election would be "suspicious and controversial".
"Should the ECP adopt the system which experts and government representatives have such opinions about?" he questioned.
The spokesperson further said that PTI's Faisal Vawda's case was under hearing in the Supreme Court, so any comment regarding that would not be appropriate.
