Islamabad [Pakistan], January 16 : The Pakistan Tehreek-e-Insaaf (PTI) has lost its election symbol but continues to be recognised as a political party by the Election Commission of Pakistan (ECP), The News International newspaper reported.
The ECP in the list of its 'enlisted political parties', shows the PTI at serial number 99. The ECP website was visited on Monday evening.
Former Pakistan attorney general and senior lawyer Anwar Mansoor said the PTI has been barred from contesting the election as a political party but it has not been deregistered and is still being recognised as a political party by the ECP.
Mansoor said although, after having been deprived of its election symbol, the PTI candidates can only contest as independent candidates, after the elections those elected as independents have the option of joining PTI. The former attorney general added that the PTI as a political party can be represented in the next Parliament by those opting to join it after winning the elections as independent candidates, according to The News International.
Former ECP Secretary Kanwar Dilshad said he was surprised to find the PTI still on the ECP's list of 'Enlisted Political Parties'. He said in his view, the political party that loses its election symbol, also loses its official status as a political party. "The political party's registration with the ECP gets cancelled with the withdrawal of the election symbol," he said, adding that those who are elected as independent candidates cannot join the PTI.
While Dilshad said the PTI lost its entity as an officially recognised political party by the ECP, Mansoor insisted that there are some other legal provisions that talk about the dissolution or deregistration of a political party on the basis of a formal reference. ECP spokesman was approached but neither did he attend The News call nor respond to a WhatsApp message, according to The News International.
Section 215 of the Election Act 2017, which was invoked by the ECP to withdraw PTI's election symbol, stipulates that if the political party fails to comply with the provision of section 209 or section 210, the Commission may after affording it or then an opportunity of being heard, declare it or then ineligible to obtain an election symbol for election to Majlis-e-Shoora (Parliament), Provincial Assembly or a local government, and the Commission shall not allocate an election symbol to such political party or combination of political parties in subsequent elections.
The said section does not talk about the dissolution or de-registration of the political party but only refers to the withdrawal of an election symbol for 'subsequent elections'.
The law and constitution are silent on whether or not independent candidates can join a party, which has been stripped of its election symbol, after being notified as successful candidates by the ECP.
For reserved seats, however, the Constitution allows Independent candidates to join within three days of official notification of the elected candidates a party, which has secured any number of general seats in the elections.
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