Political parties organisation structure & Election Act
PRIME Minister Imran Khan in his capacity as Chairman of the PTI has dissolved party organisational structure and constitution of the party has been discarded prepared in 2019 and its my considered opinion his road-map is negation to the sections of 201, 202 and 205 of the Election Act 2017.
As per elections laws, the Chairman can’t set aside the party constitution and organisational structure with out approval of Central executive Committee and Central Council of the Party.
A Special Committee constituted by the PTI Chairman to review the party organisational structure and also decided to revoke the present constitution of the party and review the previous one adopted in 2015 with a few changes aimed at strengthening the party at gross roots level.
As per section 201 and sub section 3, every political party is obliged that any change in the constitution of a political party shall be communicated to the Election Commission of Pakistan within fifteen days of incorporation of the change and the ECP shall maintain updated record of the constitutions of all the political parties.
If an enlisted political party fails to file the documents under sub section 2 of section 202 within time stipulated under sub section 4, the ECP shall cancel the enlistment of the political party after affording an opportunity being heard to that political party.
The Chairman of the PTI should keep an eye on section 205 of the Elections Act 2017 that’s a member of a political party may be suspended or expelled from the political party member ship in accordance with the procedure provided in the constitution of the political party.
But before making an order for suspension or expulsion of a member shall be provided with a reasonable opportunity of being heard and showing cause against the action proposed.
The PTI Steering Committee should go through the judgment of former Chief Election Commissioner Justice Sardar Raza in famous case of Aysha Gulalai versus chairman PTI in this regard and in pursuance of judgment of the then Chief Justice of Pakistan.
Imran Khan’s decision to dissolve his party organisational structure across the country after its poor showing in the first phase of L G elections in its stronghold of KP, as well as new nomination for the Central and Provincial offices, has not gone down well with the PTI ranks.
The workers have already started questioning the wisdom of combining government and party offices in the same persons.
The PTI is a national party and having roots across the country but due to lack of communication and behaviour of high command of party with poor workers no change in party organisation will bring fruitful results for frustrated voters back into the PTI fold unless government improves its economic performance and makes life easier for people suffering on account of poor governance.
It’s interesting to note that intra-party elections in the party is due as per section 208 and 209 of the Elections Act 2017 and six months ago the Election commission of Pakistan issued notice to the Chairman of Party in this regard and as per record of ECP.
The election commission gave an opportunity to hold elections within party till December 2021, and instead of holding intra party elections the chairman of PTI dissolved the party organisational structure and in my considered opinion it is against the section 208 and 209 because as per law all members of a political party shall, subject to the provisions of the party constitution, be provided with an equal opportunity of contesting election for any potential party office.
as per sub section 3 of section 208 , all members of the political party at the Federal, provincial and local levels shall constitute the electoral college for election of the party general Council at the respective levels.
As the pm Imran khan has dissolved his party organisational structure across the country along with Central executive Committee and National Council of the party now it seems that electoral college of the party is no more.
In these circumstances intra party elections becomes question able and ECP’s is empowered to take action as per section 2015 of the Elections Act 2017 whereas its mandatory to summit certificates and statements referred to in sections 202, 206, 209 and 210.
—The writer is former Secretary Election Commission of Pakistan and currently Chairman National Democratic Foundation.
