Latest news with #ElectionsAct
Business Recorder
4 days ago
- Politics
- Business Recorder
Reserved seats: ECP says majority judgement premised on ‘erroneous conclusion'
ISLAMABAD: The Election Commission of Pakistan (ECP) submitted the majority judgement in the reserved seats case is premised on the erroneous conclusion that Pakistan Tehreek-e-Insaf (PTI) in addition to Sunni Ittehad Council(SIC) was before the Supreme Court of Pakistan (SC) and both sought allocation of the disputed reserved seats to 'SIC or to PTI'. Barrister Sikandar Bashir Mohmand filed seven formulations before the Constitution Bench, which is hearing the review against the SC judgment on reserved seats. He said that the PTI in its CMA 5913/ 2024 filed on 26-6-2024 did not pray for allocation of the reserve seats to 'PTI itself' or to 'either PTI or SIC'; instead PTI asserted; 'the denial by the ECP of reserve seats to the SIC will result in the national assembly and the provincial assemblies losing their representative character. These seats cannot be allowed to any other party.' The ECP submitted that CMA 5913/ 2024 is stated to have been filed under Order XXXIII Rule 6 of the Supreme Court Rules, 1980 (inherit powers of SCP) and not under Order V Rule 2 (2) which is the relevant Rule for an application for striking out or adding a party. Therefore, PTI did not formally seek 'impleadment' in Civil Appeals 333 and 334 of 2024. The majority judgement incorrectly describes CMA 5913/ 2024 as 'PTI's application for impleadment'. As PTI was evidently not party to proceedings before the ECP, PHC and SCP, no relief could have been lawfully granted to it, even by exercising power under Article 187 (1) of the Constitution. It submitted that the provisions of Article 51 and the Article 106 have been misconstrued in the majority judgement, which inter alia has distorted the scheme of the provisions of Article 51 and Article 106 as read with Section 104 of the Elections Act, 2017 and the Election Rules, 2017. The ECP stated that it is an essential component of the scheme of the provisions of Article 51 and Article 106 that the List of Priority for Seats Reserved for Women and Non-Muslims (Form 66) of each political party, as well as, the nomination papers for candidates in such list must be submitted and scrutinised prior to polling day and in parallel with filing and scrutiny of nomination papers of candidates contesting on general seats. The rationale being that the electors have notice of the candidates of the concerned 'political party' who may be elected on reserve seats before polling day. The direction in paragraph 9 of the majority judgement allowing the filing of the List of Priority for Seats Reserved for Women and Non-Muslims (Form 66) after the election has concluded and returned candidates have been notified is in conflict with the Election Programme and the democratic objective and rationale. The ECP stated that the timelines prescribed in paragraph 8 and 9 could only lawfully be prescribed by Parliament through legislation amending Article 51 Provisions (and Article 106 provisions), as well as, Sections 51, 66, 67 and 104 of the Elections Act, 2017. The said timelines could also not be prescribed without striking down the Election Programme dated 15-12-2023 as amended on 22-12-2023 read with Section 104 of the Elections Act, 2017. The ECP submitted that the power to 'alter' the Election Programme vests solely with the ECP under Section 58 of the Elections Act, 2017 read with Article 218 (3) and Article 219 (d), as well as, the last sentence of Article 222 of the Constitution. Therefore, in any event such timelines could not be prescribed by the SCP, even under Article 187 (1) of the Constitution. It contended that the timelines given in paragraphs 8-9 of the Majority Short Order are directly in conflict with the scheme and timeline in the Article 51 Provisions and also sections 51, 66, 67 and 104 of the Elections Act, 2017. Therefore, same could not be given in exercise of power under Article 187(1). Since PTI was not a party to proceedings before the ECP, PHC and SCP and neither did it make an express prayer for allocation of the Disputed Reserve Seats to itself, this specific matter was never 'a case or matter pending before it' in terms of Article 187 (1) in consequently relief to PTI by invoking Article 187 (1) is impermissible.' Copyright Business Recorder, 2025
Express Tribune
27-05-2025
- Politics
- Express Tribune
LHC seeks arguments on disqualification plea
The Lahore High Court (LHC) on Tuesday sought arguments by June 13 on a plea requesting the disqualification of Bilawal Bhutto Zardari as a member of the National Assembly (MNA) under Article 62 of the Constitution, read with Section 203(3) of the Elections Act, 2017. Justice Khalid Ishaq was hearing the petition filed by Ashba Kamran, who urged the court to direct National Assembly Speaker Ayaz Sadiq to send a reference to the Election Commission of Pakistan (ECP) for Bilawal's disqualification over alleged dual membership in two separate political parties, Pakistan Peoples Party (PPP) and Pakistan Peoples Party Parliamentarians (PPPP). The petitioner argued that the ECP, as the constitutional watchdog of the electoral process, had failed to enforce Section 203(3) and its pre-election instructions issued on June 13, 2024, to all Returning Officers, which barred candidates from holding dual party memberships. She alleged that Bilawal has continuously held dual positions, as chairman of PPP and, simultaneously, as an elected MNA from PPPP, both in the 2018 and 2024 general elections.
Express Tribune
24-05-2025
- Politics
- Express Tribune
Bilawal's dual party roles challenged in LHC
The Lahore High Court (LHC) on Wednesday directed its Registrar's Office to reconsider a petition challenging Pakistan Peoples Party (PPP) Chairman Bilawal Bhutto Zardari's eligibility as a Member of the National Assembly, after objections to the filing are addressed. Justice Khalid Ishaq issued the directive during the preliminary hearing of a constitutional petition filed by Ashba Kamran. The petitioner contended that Bilawal Bhutto Zardari's simultaneous association with two distinct political entities — PPP and Pakistan Peoples Party Parliamentarians (PPPP) — constitutes a violation of Section 203(3) of the Elections Act, 2017. According to the petition, Bilawal serves as chairman of the PPP, which uses the electoral symbol "sword," while he was elected MNA in the 2018 and 2024 general elections from PPPP, which uses the symbol "arrow." Kamran argued that both entities are separately registered with the Election Commission of Pakistan (ECP) and that dual membership in both contravenes election laws and constitutional obligations. "The ECP, despite being the constitutional guardian of the electoral process, failed to enforce Section 203(3) and its own pre-election guidelines issued to returning officers on June 13, 2024," the petitioner stated. She maintained that Bilawal's dual role leading one party while contesting elections under another violates not only the Elections Act but also Article 5 of the Constitution, which mandates loyalty to the state and adherence to the Constitution. Furthermore, she claimed the practice deceived voters and violated Article 4, which ensures equal protection and fairness under the law. Kamran further requested that the court summon the secretary generals and information secretaries of both PPP and PPP-P to produce documentation from the ECP specifically certificates under Section 209 that clarify Bilawal's official designation. She argued that Bilawal's continued leadership of PPP, despite being an elected representative under the PPPP banner, is misleading and legally untenable. Highlighting that Bilawal was elected unopposed as PPP chairman in intra-party elections held in January 2021 and again in April 2025, Kamran alleged that such dual roles were not only illegal but compromised the credibility of the democratic process.
Business Recorder
19-05-2025
- Politics
- Business Recorder
Two-thirds of political parties lack functional websites: FAFEN
ISLAMABAD: Despite increasing digital engagement in Pakistan, nearly two-thirds of the country's political parties lack a fully functional website, revealed a report by the Free and Fair Election Network (FAFEN) on Sunday. Titled 'Assessing Web Presence of Political Parties in Pakistan,' the report finds that only 35 percent or 58 out of 166 registered political parties maintain fully or partially operational websites. Even among the 20 political parties currently represented in the Federal Parliament and/or Provincial Assemblies, just 14 (70 percent) have functional websites. This web presence is a prerequisite for compliance within the overall purview of Section 208(4) of the Elections Act, 2017, which mandates political parties to publish updated lists of their central office bearers and executive committee members on their websites. Among those political parties with functioning websites, only 40 parties (69 percent) comply with the legal requirement of publishing a list of central office bearers on the website, and just six (ten percent) with publishing the names of their executive committee members. While many parties maintain active social media profiles, they cannot serve as a substitute for an official website. The short-lived and algorithm-driven nature of social media feeds make them less suited for hosting structured and accessible information. FAFEN's assessment of political parties' websites found that those with parliamentary representation generally offer more content-rich digital platforms compared to other parties. Among them, Jamaat-e-Islami (JI) leads by providing on its website 18 out of 30 distinct types of information that FAFEN examined. It is followed by Pakistan Tehreek-e-Insaf (PTI) with a score of 15; however, its website is currently blocked in Pakistan and can only be accessed through a virtual private network (VPN). The website of Pakistan Peoples Party Parliamentarians (PPPP) scored 12; Pakistan Muslim League Nawaz (PML-N) 11; Awami National Party (ANP) nine; Haq Do Tehreek Balochistan (HDT) and Muttahida Qaumi Movement Pakistan (MQM-P) eight each; Sunni Ittehad Council and Pashtoonkhwa Milli Awami Party (PkMAP) seven each; Tehreek-e-Labbaik Pakistan (TLP) and Jamiat Ulama-e-Islam Pakistan (JUIP) six each; Majlis Wahdatul Muslimeen (MWM) five; Balochistan Awami Party (BAP) four; and Pakistan Muslim League Quaid (PML-Q) one. Among the parties without parliamentary representation, the highest score was 13 that was achieved by Pakistan Tehreek Shadbad (PTS). Thematically, most websites were more forthcoming in sharing contact information and general organizational details, while financial transparency remained the most under-reported area. The most consistently shared content was the aims and objectives of political parties, featured on 88 percent of websites. Section 201(1)(a) of the Elections Act, 2017 mandates the political parties to include this information in the party constitution. Contact details for at least one party office were present on 83 percent of sites, while 79 percent linked to official social media handles. The list of central office bearers (Section 208(4)) was available on 69 percent of the websites, although it was not always clear whether these reflected the most recent intra-party election results. Similarly, membership procedures (Section 203) were outlined on 69 percent of sites. The availability of foundational documents, campaign material, and financial disclosures varied considerably. Only 38 percent of parties shared their constitutions on websites, albeit with little to no information about any recent amendments. Moreover, while 62 percent posted at least one general election (GE) manifesto, only 12 percent uploaded their latest manifesto clearly mentioning their electoral promises for GE-2024. Notably, just one party published its consolidated financial statement, which is required to be submitted to the ECP annually under Section 210(1) of the Elections Act, 2017. Moreover, FAFEN found the statements of assets and liabilities of party office bearers on only one website. No website provided information about the party's elected general council(s), which is legally mandated to have at least one meeting per year under Section 207(2) of the Elections Act, 2017. Similarly, none of the websites had information about the procedure for selection of candidates for elective offices for which Section 206 of the Elections Act 2017 instructs the parties to adopt a transparent and democratic procedure. The method of electing office bearers (Section 201(1)(f)(i)), process of suspension or expulsion of members (Section 205), the tenure of office bearers (Section 201(1)(d)), or an explicit declaration of prohibition on foreign donations (Section204(3)) were each available on one website. Copyright Business Recorder, 2025
Express Tribune
18-05-2025
- Politics
- Express Tribune
Most parties off the digital radar
Despite increasing digital engagement in Pakistan, nearly two-thirds of the country's political parties lack a fully functional website, revealed a report by the Free and Fair Election Network (FAFEN) on Sunday. Titled "Assessing Web Presence of Political Parties in Pakistan", the report found that only 35 per cent or 58 out of 166 registered political parties maintain fully or partially operational websites. Even among the 20 parties currently represented in the parliament and provincial assemblies, just 14 (70 per cent) have functional websites. The web presence is a prerequisite for compliance within the overall purview of Section 208(4) of the Elections Act, 2017, which mandates political parties to publish updated lists of their central office bearers and executive committee members on their websites. Among those parties with functioning websites, only 40 parties (69 per cent) comply with the legal requirement of publishing a list of central office bearers on the website, and just six (ten per cent) with publishing the names of their executive committee members. While many parties maintain active social media profiles, they cannot serve as a substitute for an official website. The short-lived and algorithm-driven nature of social media feeds makes them less suited for hosting structured and accessible information. FAFEN's assessment of political parties' websites found that those with parliamentary representation generally offer more content-rich digital platforms compared to other parties. Among them, JI leads by providing on its website 18 out of 30 distinct types of information that FAFEN examined. It is followed by PTI with a score of 15. However, its website is currently blocked in Pakistan and can only be accessed through a VPN. The website of PPPP scored 12; PML-N 11; ANP nine; Haq Do Tehreek Balochistan (HDT) and MQM-P eight each; SIC and PkMAP seven each; TLP and JUI-P six each; MWM five; BAP four; and PML-Q one. Among the parties without parliamentary representation, the highest score was 13, which was achieved by Pakistan Tehreek Shadbad (PTS). Thematically, most websites were more forthcoming in sharing contact information and general organisational details, while financial transparency remained the most under-reported area. The most consistently shared content was the aims and objectives of political parties, featured on 88 per cent of websites. Section 201(1)(a) of the Elections Act, 2017 mandates the political parties to include this information in the party constitution. Contact details for at least one party office were present on 83 per cent of sites, while 79 per cent linked to official social media handles. The list of central office bearers (Section 208(4)) was available on 69 per cent of the websites, although it was not always clear whether these reflected the most recent intra-party election results. Similarly, membership procedures (Section 203) were outlined on 69 per cent of sites. The availability of foundational documents, campaign material, and financial disclosures varied considerably. Only 38 per cent of parties shared their constitutions on websites, albeit with little to no information about any recent amendments. Moreover, while 62 per cent posted at least one general election (GE) manifesto, only 12 per cent uploaded their latest manifesto clearly mentioning their electoral promises for GE-2024. Notably, just one party published its consolidated financial statement, which is required to be submitted to the ECP annually under Section 210(1) of the Elections Act, 2017. Moreover, FAFEN found the statements of assets and liabilities of party office bearers on only one website.
