No body can interfere in the work of Election Commission: Chief Justice

Chief Justice of Pakistan Qazi Faiz Isa, during the hearing on the appeal of the Election Commission regarding PTI’s election symbol bat in the Supreme Court, remarked that the Election Commission is a constitutional body and no body can interfere in its work. If you object to the admissibility of the Election Commission’s appeal…

A 3-member bench of the Supreme Court headed by the Chief Justice of Pakistan is hearing the case related to bat sign to PTI. At the beginning of the hearing, the Chief Justice of Pakistan inquired whether the detailed decision of the Peshawar High Court has come? Hamid Khan said that the detailed decision has not come yet.

Election Commission lawyer Makhdoom Ali Khan read out the Peshawar High Court’s decision to return the bat sign in the Supreme Court.

Lawyer Hamid Khan said, give me time till Monday to prepare, on which the Chief Justice of Pakistan said that if the case is to be adjourned for 3 days, then the decision of the Peshawar High Court should be suspended. We are ready to work tomorrow and the day after tomorrow. One can listen to election cases by sacrificing Saturday and Sunday leave.

Justice Qazi Faiz Isa said he only wants the elections to be held on time and in accordance with the law, it is known that the time for the elections is short.

The Chief Justice of Pakistan said that I have not even read the file of the case, Hamid Khan, when will you be ready for the trial?

Lawyer Election Commission Makhdoom Ali Khan said that tomorrow candidates will be allotted election symbols, while Hamid Khan said that in this case, give time till tomorrow for preparation, Election Commission should tell how he can file an appeal. The Election Commission is a partial judicial forum and their right is not claimed.

Chief Justice Qazi Faizaisa remarked that the Election Commission is also a constitutional institution. If you object to the admissibility of the appeal of the Election Commission, the same question will come to you. You will also be asked how you went to the Peshawar High Court.

The election commission lawyer said that the previous party elections of Tehreek-e-Insaf were held in 2017. According to the party constitution, Tehreek-e-Insaf was bound to hold party elections in 2022.

Justice Muhammad Ali Mazhar asked where the procedure for appointing the Election Commissioner is mentioned in the constitution of PTI? On which the Election Commission lawyer said that first Jamal Ansari and later Niazullah Niazi became the Chief Election Commissioner of PTI.

The Chief Justice asked who were the remaining members of the Election Commission according to the party constitution? Lawyer Makhdoom Ali Khan said that apart from the Chief Election Commissioner, no other member was appointed.

Justice Qazi Faiz Isa asked Hamid Khan if this is true. On which PTI’s lawyer said that the election commission’s lawyer is not correct. Chief Justice asked where are the appointment documents of Election Commission members? Hamid Khan said that he asked for time to prepare the case.

Hamid Khan said that the appeal of the Election Commission is admissible and I will give arguments even if the right is not claimed. Is.

The Chief Justice of Pakistan said that the Election Commission is a constitutional body, the Collector comes here to defend his orders, there is no objection to it, you have the right to raise objections. The party did not conduct the election under its own constitution, Hamid Khan sir, if you want to submit the documents, you must do so.

Hamid Khan said that the court had stopped the institutions from appealing against their decisions in the cases of the Competition Commission and the Federal Ombudsman. Institutions established under the law and the constitution cannot be the same, the election commission constituted under the constitution will use the powers only according to the constitution, show any decision where the constitutional institutions are barred from appeals?

Lawyer PTI Hamid Khan said that the Election Commission is dependent on the Election Act and not the Constitution. Once the former Chief Justice Jawad S. Khawaja started advancing the date of local body elections, I told Justice Jawad S. Khawaja that I will write a dissenting note. Jawad S Khawaja agreed with me.

The Chief Justice of Pakistan said that the Election Commission is a constitutional body and no body can interfere in its work. If the Election Commission does any illegal work, then the matter can be looked into. Where is the appointment document? On which Hamid Khan said that if the court had issued an official notice, they would have brought the documents today.

Justice Qazi Faiz Isa said that PTI had gone to the High Court itself, they should not have been surprised when the appeal was filed.

Election Commission lawyer Makhdoom Ali Khan said that those who challenged the PTI intra-party election have been made a party. Akbar S. Babar is a founding member and part of PTI.

Hamid Khan said that Akbar S. Babar is not a member of PTI, on which Justice Muhammad Ali Mazhar asked the lawyer of Akbar S. Babar how is Akbar S. Babar a member of Tehreek-e-Insaaf? Akbar S. Babar’s lawyer said PTI had not given any written response to our complaint.

The Chief Justice said that Akbar S. Babar has written himself as a founding member of PTI while Hamid Khan said that Akbar S. Babar is no longer a member of PTI, the statement of the party takes precedence over the statement of an individual. While talking to Hamid Khan, he said, “Don’t be emotional, show the document of not being a member of Akbar S. Babar”.

Hamid Khan said that Akbar S. Babar was the founding member, on which Justice Muhammad Ali Mazhar said that the founding member cannot be removed from my account, if it has been removed then show the letter while the Chief Justice asked whether you are also the founder of PTI. Are you a member? On which Hamid Khan said, I am also a founding member of PTI, the founding members were 8 to 12, a distinction has to be made between the founding members and those who came later.