ECP reserves verdict on maintainability of Awaam Pakistan’s appeal against its delisting

ISLAMABAD: The Election Commission of Pakistan (ECP) on Tuesday reserved its verdict on the maintainability of an appeal filed by Awaam Pakistan against its delisting over allegedly failing to hold intra-party elections.

A four-member bench headed by Chief Election Commissioner (CEC) Sikandar Sultan Raja heard the appeal filed by party chief and former prime minister Shahid Khaqan Abbasi, who appeared in person.

The electoral watchdog had delisted the party on August 7. It had taken up the matter after noting that Awaam Pakistan had not submitted proof of having conducted intra-party polls.

Addressing the commission on Tuesday, Abbasi said the ECP had issued orders on January 7 directing the party to hold intra-party elections within 60 days.

“Intra-party elections were held within that period and the record was submitted,” he claimed.

“Elections for both the National General Council and national office-bearers were conducted between March 26 and April 2. The results and detailed documentation were submitted to the ECP on April 6,” he said.

He said 12,846 party members participated in the exercise, which was “democratic, transparent, and in full compliance with the Elections Act, 2017”.

“There was no violation regarding any amendment to the party constitution,” Abbasi said, adding that the ECP issued the delisting order “without hearing us”.

At this, CEC Raja observed: “If you wish to submit any record against our decision, you may do so.”

Abbasi responded that the party would submit the record.

After hearing arguments, the commission reserved its verdict on whether the appeal was maintainable.

Awaam Pakistan was launched in 2024 by Abbasi after he parted ways with the PML-N. The former prime minister cited the need for a new political platform focused on economic reforms, constitutionalism and good governance.

In a letter to the CEC on August 12, Abbasi termed the delisting “arbitrary, unwarranted and unprecedented”, saying the party had been “taken by surprise” by the notification. He said the action was “in contradiction of the record available with the ECP” and was taken “without an opportunity to be heard”.

Under Section 202 of the Elections Act, 2017, a political party must submit certified results of intra-party elections, party constitution, funding details and a membership list of at least 2,000 members to get enlisted. Section 208 empowers the ECP to issue a show-cause notice or impose a fine for failure to hold intra-party elections. In case of continued non-compliance, the commission may cancel enlistment.

According to Section 202(6), a party whose enlistment is refused or cancelled may file an appeal in the Supreme Court within 30 days.

While Article 17 of the Constitution guarantees the right to form political parties, enlistment with the ECP is a legal requirement for obtaining an election symbol to contest polls.

Meanwhile, the ECP adjourned hearing of three cases against the Pakhtunkhwa Milli Awami Party (PkMAP) till September 15 and directed the party to submit replies to the commission’s objections.

A four-member bench headed by CEC Raja conducted the hearing. Counsel for PkMAP appeared before the commission.

The cases pertain to objections raised by the ECP regarding PkMAP’s intra-party elections, statement of accounts and amendments to the party constitution.

The lawyer informed the commission that the ECP’s order had been challenged in the Balochistan High Court.

“The hearing was scheduled for August 26 but could not take place. The new date is now September 21,” he said, and requested time to present detailed arguments.

ECP officials told the commission that the Balochistan High Court had granted a stay only on the matter of granting 180 days for intra-party elections. “There is no stay in the other two cases,” an official said.

The CEC observed, “PkMAP should submit replies to our objections. If no reply is submitted, we will pass a unilateral decision. You have taken time repeatedly but have not submitted replies. You have not obtained a stay in two matters so you must file replies.”

The commission accepted the counsel’s request for time and adjourned the cases till September 15.