If you look at the past record of President Arif Alvi, he would not have held elections, Chief Justice

ISLAMABAD:  Chief Justice Qazi Faiz Isa during the hearing of the case related to the specific seats of the Sunni Unity Council remarked that if he saw the past record of Arif Alvi, he would not have conducted the elections. Were not giving the date?

The full court headed by Chief Justice of Pakistan Qazi Faiz Isa heard the case.

Election Commission’s lawyer Sikander Bashir Mohmand started the arguments. Sikandar Mohmand said that the nomination papers of 81 independent members included in the Sunni Unity Council were also called for.

Justice Shahid Waheed said that the priority list of Tehreek-e-Insaf was also directed to be provided. Lawyer Sikandar Bashir said that Hamid Raza took oath and said that I am in Tehreek-e-Insaf ideology.

Justice Muneeb Akhtar said that according to him, the Election Commission gave Hamid Raza the tower symbol, the returning officers are also the officials of the Election Commission. The lawyer said that Hamid Raza’s last request was implemented by the Election Commission. Justice Muneeb Akhtar said that Hamid Raza associated himself with which political party?

Justice Mansoor Ali Shah said that show us the record, otherwise the matter will be in the air. Justice Jamal Mandukhel asked whether a candidate has the right to change his party after withdrawing his nomination papers. Can a candidate say that he wants to leave this party and take the ticket of another party? Justice Mansoor Ali Shah said that before us is a case of nomination papers, the returning officers have the party certificate attached to the nomination papers of the candidate?

Lawyer Sikandar Bashir said that the last application from the Election Commission has to go with it, why the Election Commission did not see the previous form.

Chief Justice Qazi Faiz Isa remarked that if a person wants to get married, but the consent of the girl is also necessary, isn’t it necessary to attach a certificate of affiliation to the party from which the election is to be contested? What would the law say if PTI’s certificate was revoked and PTI’s declaration cancelled? Can you vote someone out?

Advocate Sikandar Bashir said that considering the situation, the easiest way for the returning officers was to declare such candidates free.

Justice Yahya Afridi asked that did it happen that a candidate says he belongs to a party and gives the same certificate, but the Election Commission declared him an independent candidate? Lawyer Sikandar Bashir said that there were such candidates but they withdrew their nomination papers. Justice Naeem Afghan questioned whether the documents do not show that the candidates of Tehreek-e-Insaf had a frivolous attitude.

Chief Justice Qazi Faiz Isa remarked that don’t get confused with the mark, why should we consider Tehreek-e-Insaaf candidate, there is no contradiction in the certificate, the Election Commission is changing the status of the candidate, the party whose certificate is being brought is of the same party. Why is the candidate not being considered? Justice Jamal Mandukhel said that what I understand is that the candidate does not have the right to change his political affiliation after the deadline.

Chief Justice Qazi Faiz Isa talking to Election Commission lawyer said that I don’t understand your answer but move on.

Justice Ayesha Malik said in remarks that why did you call the candidates independent when they were calling themselves affiliated with a political party? Confusion started that what can the candidate do if he did not get the ticket of the party. Independent candidates were created by the Election Commission.

Justice Muneeb Akhtar said that it is not about one candidate, it is about Tehreek-e-Insaf which is a national party, the Election Commission told Tehreek-e-Insaf that you will not get a mark, the Supreme Court upheld the decision of the Election Commission but it is not so. He said that the Tehreek-e-Insaf should be excluded from the elections, the Supreme Court’s aim was not to exclude the Tehreek-e-Insaf from the elections, the Supreme Court would have stood with the decision of the bat sign, but the intention was not to exclude the Tehreek-e-Insaf from the elections.

Justice Muneeb Akhtar asked who was the President of the country on 22 December 2023? Lawyer Sikandar Bashir said that in December 2023 Arif Alvi was the President of the country. Justice Muneeb Akhtar inquired whether there was a caretaker government or a political party government? Should a caretaker government be neutral? As neutral as the Election Commission? Should the caretaker government be as independent as the Election Commission?

The Chief Justice remarked that if Arif Alvi’s past record was seen, Arif Alvi would not have conducted the elections, he was talking about the whole world, why was President Arif Alvi not giving the date of the elections on behalf of PTI?

Justice Athar Manullah said that the intention of the people is seen in the elections, if anyone raises a question about the elections, the matter goes to the Election Commission. Justice Jamal Mandukhel said that the political symbol is an afterthought, the candidate participates in the elections, not the party, the candidate only shows his affiliation with the party, the candidate has the right to get the symbol for the elections.

Chief Justice Qazi Faiz Isa, speaking to the lawyer Election Commission, asked not to make assumptions in the case. Lawyer Sikandar Bashir said that the Election Commission satisfied the five-member bench of Peshawar, my arguments were not thrown out by the judges.

Justice Muneeb Akhtar said that it should not be said that the five-member bench gave the decision and then it was enough. Justice Mansoor Ali Shah said that for which party Hamid Raza had submitted the ticket.

Vakil Election Commission said that the ticket was submitted by Tehreek-e-Insaaf, Hamid Raza gave an affidavit that he is the candidate of PTI ideology. Justice Mansoor Ali Shah said that the matter of affidavit is different, the submitted ticket belonged to PTI.

Sikandar Mohmand said that the last requests of those who joined the Sunni alliance were approved. Justice Jamal Mandukhel said that the final list of candidates was to be released on January 12, can the candidate change the party after the date of return of nomination papers? Vakil Election Commission said that the party ticket can be changed till the allotment of election symbol.

Justice Ayesha Malik questioned why the Election Commission did not review the Form A submitted by the candidates. Why did the Election Commission not act on the last application of the independent candidate?

The Chief Justice remarked that even if the candidate declares his affiliation, the consent of the party is also necessary. The candidates themselves created a contradiction between the ticket and the party affiliation. Is there any provision in the law on this contradiction? It is like that one wants to marry someone but the consent of the girl is also necessary.

Lawyer Sikander Mohmand said that the best solution was to show an independent candidate to the RO on the discrepancies in party ticket and affiliation. The Chief Justice inquired whether there is no disqualification for giving a ticket to the second party by giving an affidavit.

Justice Yahya Afridi questioned that if a candidate submits party affiliation and ticket, can he be declared independent? Justice Naeem Akhtar Afghan said that out of the 81 candidates you have given the list, 35 did not show their affiliation, 65 candidates did not apply for the election symbol to the returning officer, it appears that the PTI candidates have submitted the election. How frivolous they were.

The Chief Justice remarked that some candidates have shown both party affiliation and ticket of PTI, the election symbol is a different thing, why should these candidates not be considered PTI, not the candidates, the Election Commission has declared them independent from the party. changed Vakil Election Commission said that some candidates withdrew their party affiliation verbally and not in writing.

Justice Ayesha Malik said that the decision of the Election Commission on December 22 created confusion. If PTI could not contest the elections, where would the candidates get party tickets? The candidates are also confused as is the Election Commission. Sikandar Mohmand said that the Election Commission allowed the candidates to contest the elections despite the contradictions.

Justice Muneeb Akhtar said that the Election Commission said at the time of nomination papers that PTI will not get the symbol, the Election Commission later approved the papers of PTI candidates, the Election Commission should give non-party election symbol to PTI. could You easily said that if you don’t get the mark, then declare as an independent candidate. How did you take such a big decision? Did the Election Commission talk about this issue? Are the minutes available? Or left at the mercy of returning officers?

Justice Jamal Mandukhel said, “Does the Election Commission have the authority to declare the candidate as independent?” That I am an independent candidate, he was saying that I am affiliated with a political party, if the Election Commission has not seen any document, then there is no justification to show it to the court.

Justice Jamal Mandukhel asked that it is a simple matter if there was an agreement between the party and the candidate, under which law can the Election Commission declare someone as an independent candidate? Justice Ayesha Malik said that I have asked the same question for the third time.

Justice Athar Manullah asked whether it should be believed that Tehreek-e-Insaf was excluded from the elections because the Election Commission misinterpreted the decision of the Supreme Court. The bench kept saying that the Election Commission misinterpreted the decision of the Supreme Court.

Justice Yahya Afridi said that out of more than 80 candidates, six candidates gave the certificate and declaration of the same party, but the Election Commission also declared six as independent candidates. Justice Ayesha Malik said, “Tell me, if the nomination papers are not withdrawn, what is the status of the oath?” My question is not being answered.

Justice Mansoor Ali Shah while talking to the Election Commission lawyer said that it seems to me that you have seen Shakespeare’s play. Lawyer Sikandar Bashir said that some candidates withdrew their nomination papers and independent candidates revealed themselves, independent candidates joined the Sunni alliance, the case is not mine, it belongs to the Sunni alliance. First, joining a party is necessary to become an independent candidate.

Justice Muneeb Akhtar said that the independent candidate did not declare himself as a candidate, but the Election Commission declared him independent, the Election Commission made the candidate independent, contested the election, then if he wants to join the party, the Election Commission is saying how can he join. ? The Election Commission called the candidate an independent candidate and now when the candidate wanted to join his party, the Election Commission was joking.

The Chief Justice remarked that I like to listen, I have my own mind too but want to listen to the lawyer. The lawyer said that nobody got the ticket of Tehreek-e-Insaf ideology. The Chief Justice said in his remarks that some facts would have been clear for which it is not necessary for you or me to speak. Is.

Lawyer Sikandar Bashir said that Hamid Raza asked for a shuttlecock, but the Election Commission did not have the shuttlecock. The Chief Justice said that how can a candidate break his relationship with a party if he does not get the mark?

DG Law read the Manifesto of the Sunni Alliance on reserved seats on the rostrum. Justice Ayesha Malik asked whether the Election Commission reads the manifesto of each political party and gives them specific seats. Lawyer Sikandar Bashir said that I felt it necessary that the Manifesto of the Sunni Alliance should be brought before the court.

Justice Ayesha Malik said that should I see the manifesto of all parties or one party? Why should I ignore the manifestos of other parties? The lawyer said that you should not see the manifesto of another party, you should listen to me.

Justice Muneeb Akhtar said that you declared the chairman of the Sunni Ittehad Council independent, after you declared it independent, he succeeded and joined his own party, now you are saying how the chairman of the Sunni Ittehad Council himself Joined the party? This situation is of your own making.

Chief Justice Qazi Faiz Isa remarked on Justice Jamal Mandukhel’s question that even the faintest voices should be given attention. Lawyer Sikandar Bashir said that I am trying to answer everyone’s question.

Various sections of the Election Act related to reserved seats were read by lawyer Sikandar Bashir. He said that if the reserved seat is to be taken, the general seat will have to be won, which the Sunni alliance failed to win. The independent candidates have nothing to do with the Sunni alliance.

Chief Justice Qazi Faiz Isa inquired if Tehreek-e-Insaf and Sunni Etihad gave any list? The lawyer said that Tehreek-e-Insaaf gave the list of specific seats but Sunni Ittehad did not. Justice Yahya Afridi asked that Election Commission gave specific seats to Tehreek-e-Insaf? The lawyer replied that Tehreek-e-Insaaf was not given any specific seat.

Justice Athar Minullah remarked that the Election Commission had excluded Tehreek-e-Insaf from the elections, if the Supreme Court says that the Election Commission misinterpreted the decision, what will be the consequences? The Election Commission has no authority to exclude any party from the elections.

Chief Justice Qazi Faiz Isa asked Election Commission lawyer that how much time will it take you? A couple of minutes? The lawyer replied that it would take me a lot of time to present the arguments. The Chief Justice said that we are trying to finish early, keep Monday? Half past eleven? Provide the list of Tehreek-e-Insaf today. The lawyer said that I will give the list of Tehreek-e-Insaf.

The Supreme Court directed other lawyers to provide the list related to the specific seats of Tehreek-e-Insaaf. Justice Yahya Afridi directed that certificates and declarations of other candidates should also be provided.

The Supreme Court adjourned the hearing of the case related to reserved seats till 11:30 on Monday.