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    CH Wajhat

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    1 ELECTION COMMISSION OF PAKISTAN PRESENT: ‘MR. SIKANDAR SULTAN RAJA CHAIRMAN MR. NISAR AHMED DURRANI MEMBER MR, SHAH MUHAMMAD JATOL MEMBER se 0: id Subject: WRIT PETITION _NO.__16331/2023. TITLED AS CHOUDHRY_ WAJAHAT HUSSAIN VS. ECP, ETC” REFERRED BY THE HON’BLE LAHORE HIGH COURT LAHORE VIDE ORDER. DATED 22"4 MARCH 2023 Choudhary Wajahat Hussain R/o Choudhary Zahoor Mahi House, Circular Road Gujrat «Petitioner Vs. Choudhary Shujat Hussain, President PML, R/o League, House No.9 Street 72, F—8/3, Islamabad ...Respondent For the Petitioner : Mr. Amir Saeed Rawn, ASC a/w Imad Hussain Chandio, Advocate For the Respondent : Barrister Umer Aslam ASC a/w Hunain Tariq, Gohar Anees and Salman Azmi Advocates For the ECP $ Mr. Zafar Iqbal Hussain, Special Secretary & ‘Mr. Masood Hussain Sherwani, DG PF Date of Hearing : 07.04.2023 ORDER Sikandar Sultan Raja, Chairman The matter before us has arisen out of order dated 22-03-2023 passed by the Hon'ble Lahore High Court in writ petition NO.16331/2023 filed by Choudhary Wajahat Hussain. The grievance of the petitioner before the Hon’ble High Court was with regard to orders dated 21-02-2023 whereby GY 2 the decision of the Commission dated 31-01-2023 passed in the matter of Choudhary Shujat Hussain. Through one application dated 26.01.2023, the petitioner had made request to give effect to the amendment made in the constitution of Pakistan Muslim League (PML) whereas, second application was with regard to publishing of certificate of intra-party elections purportedly communicated to this Commission on 26-01-2023. The Hon'ble High Court after hearing the parties was pleased to refer the matter to this Commission with, inter alia, following observations/ directions:- “Bvidently, Commission has not performed its statutory obligations in terms of Rules 157 and 158 of the Rules 2017. No exercise of scrutiny of documents was undertaken before passing orders of 21.02.2023 no of discrepancies were pointed, if any, in the documents submitted. In wake of these deficiencies’ the orders assailed are not sustainable in law. When confronted, there appears no serious objection to or disagreement amongst the learned counsels that issues/ controversy involved in within the jurisdictional competence of the Commission. It is pertinent to mention that Commission cannot restrain any political party from amending its constitution, provided the method and manner of making amendments in the constitution is duly adopted and requirements fulfilled. Likewise, the question of conduct of Intra Party elections of office-bearers need to be adjudged upon considering the documents/ information provided. Outright rejection manifests lack of exercise of authority and due consideration of the material supplied — in the context of the applications of the parties. In view of the above, instant petition is partly allowed to the extent of declaring the orders of 21.02.2023 illegal and no legal effect, and matter is remanded to the Commission with direction to decide respective applications/ request of the parties de novo, and without being influenced by previous orders and observations noted in the minute-sheet. Learned counsels request for expeditious decision of the matter for the purposes of ending an apparent deadlock in the political party. Request is tenable. It is expected that Commission shall undertake the scrutiny of the documents, regarding amendments ii the 3 constitution of the Party, within 10 days from the receipt of certified copy of this order, and thereafter proceed to consider and decide respective applications/ request of the parties. Petition allowed in aforesaid terms. No order as to costs.” 2, The certified copy of the above order was received by the Commission on 30.03.2023 and matter was ordered to be placed before the Commission for hearing on 07 April 2023, with notice to both the contesting parties. 3. _Incompliance of above observations/directions, notices were issued to the parties for hearing on 07% April 2023, on which date arguments of the learned counsels for the parties were heard in detail. 4 ‘The learned counsel for the petitioner Mr. Amir Saeed Rawn appeared and submitted that any political party can make changes/amendments in the party's constitution and the PML's constitution can be amended by 2/3rd majority at present by the General Council of PML. The CWC has no mandate to amend the constitution. He also argued that certain provisions of the constitution were amended and it was done by the General Council which has authority to amend the constitution. He further submitted that status-quo was granted by the Commission during previous litigation and that status quo was confined only to the controversy regarding the presidency of the party and had no effect qua bringing amendments in the constitution. He further contended that it is settled law of the august Supreme Court of Pakistan that no relief can be granted beyond the prayer made in the petition, He while extending his arguments referred to Article 35, of the constitution of the PML and maintained that there is a mechanism for the convening a special meeting of the PML Council whereby it is required to submit written requisition signed by 1/3* of the total members to the Secretary General along with the purpose of meeting. He further added that the Secretary General is required to convene the meeting within 3o days of the receipt of the requisition and in case he fails to do so, the members requisition the meeting are entitled to convene the meeting themselves. He submitted that in present scenario after lapse of 30 days, the Secretary General remained failed to convene a meeting and it was automatically convened by the members. The Counsel further contended that the constitution was amended by the General Council by ‘brining amendments in its Articles 11, 30, 36, 46, 67, 74 and 83. He further submitted that the petitioner in accordance with Article 201(3) of the constitution submitted the documents within time to the Commission which were required to be scrutinized in 4 2017. However, the order dated 21-02-2023, contrary to law, was passed. He then referred to paragraph 11 of the order dated 22.03.2023 passed in W.P. No.16331/2023 whereby WP was partly allowed to the extent of the declaring the orders of 21-02-2023 illegal and no legal effect, and matter was remanded to the Commission with direction to decide respective applications. At last, the learned counsel prayed that petition be accepted and impugned order dated 21-02-2023 be declared illegal and void; Commission may update its record by incorporating the amendments made in the PML's constitution and publish the updated/amended copy of constitution of PML on its website; publish the certificate regarding intra party elections of PML submitted to it by petitioner on its website; and, till the record published on website of the Commission, the communication between the PML and the Commission be made in the name of petitioner as newly elected President of PML. 5. The learned counsel for the respondent, inter alia, made submission that decision of the Commission dated 31.01.2023 very categorically holds about non existence of CWC. He submitted that constitution of PML stipulates certain requirements for convening the meeting of PML. Article 28 provides about establishment of the PML. Council and all its 1300 members constitute the electoral college for election of the general council at respective level. Article 30 of the constitution deals with the tenure of Council which is three years however members would continue to serve until new members are elected. Term of the President of PML is also defined in the constitution who has to hold post till next elections and vacancy in his office occurs only by resignation or death. The PML Council meets at the discretion of the President in terms of Article 34 and for requisition of a special meeting of the Council by the Secretary General, prior notice of 10 days is mandatory under Article 36 wherein time and place of meeting is required to be stated followed by press announcement to be made by the Secretary General to this effect. He has referred to an application dated 05.12.2022 (at page 61 of CMA No. 314/2023 filed before the Hon'ble High Court in WP No. 16331/2023), which according to him was addressed to the Secretary General of PML wherein 15.01.2023 was fixed by the alleged members of General Council for holding special meeting of the General Council. No prior notice in terms of Article 36 was given to request the General Secretary to convene a meeting of the General Council nor any record has been produced either before the Hon'ble High Court or this Commission regarding issuance of prior notice. Entire proceedings carried out by the petitioner side is an attempt to sabotage the decision of the Commission dated 33.01.2023, which has not be assailed at any forum and has attained finality. The entire proceedings whereby new \ 5 ‘unilaterally. The learned counsel further stated that on account of violation of party discipline show-cause notices were issued by the PML President and Secretary General on 22.12.2022 and 16.01.2023 to Mr. Kamil Ali Agha and upon his failure to explain his position, his party membership was suspended. Therefore, the proceedings in question ‘were carried out by them to cover-up their guilt. He has further drawn attention of the Commission to an Affidavit of Mr. Muhammad Ishtiaq Gohar, who was nominated by the petitioner side as Chairman Provincial Election Commission, Punjab for conduct of intra- party elections on 26.01.2023, to maintain that the said nominated person has stated in his affidavit on oath election schedule and other resolutions for conduct of intra-party élections on 26.01.2023, were all prepared by some other person and were fake and he had been asked to declare Mr. Pervaiz, Nahi as un-opposed President of PML. He in his affidavit further mentioned that the result of intra-party elections submitted in the Commission on 26.01.2023, were not declared by him nor signed by him as Chairman Provincial Election Commission and his signatures were forged. He further alleged in the affidavit that no meeting of CWC was held on 16.01.2023 and 19.01.2023 and in this regard fake documents were prepared. No meeting of General Council to amend the constitution was convened on 15.01.2023. All the meetings which have allegedly been called and fake signatures were made, are against the procedure provided in the constitution of PML wherein 80% signatures of the alleged participants are fake and fabricated. The learned counsel further argued that if the petitioner side alleges that the entire proceedings and signatures are genuine, then the matter would require evidence for which the appropriate forum with them is to file a civil suit. He has placed reliance on. PLD 2018 Islamabad 300. 6. We have heard the arguments of the learned counsel for ‘the parties and have perused the record and the legal provisions involved in the matter. Re Brief facts of the case are that the Commission received following letters from Ch. Shujat Hussain & Ch. Wajahat Hussain, which are relevant for the resolution of present controversy:~ I. Letter dated 30.01.2023 signed by PML President Ch. Shujat Hussain, forwarding a list of 50 members of Central Working Committee (CWC); Il, PML’s Secretary General Mr. Tariq Bashir Cheema’s letter dated 26.01.2023 forwarding lists of 1092 Central/Regional members of PML General Council; 6 TIL. Authority letter dated 26.01.2023, signed by Ch. Wajahat Hussain, acting as PML President and authorizing Mr. Asim Cheema to sign Form-65 (intra-party-elections); IV. Authority letter dated 26.01.2023, signed by Ch. Wajahat Hussain, acting as PML President and submitting certain amendment in the PML constitution. 8. Through another Resolution dated 31.01.2023, sent to the Commission by Mr, Hafiz, Aqeel Jalil, member of Central Working Committee (CWC) of PML, it was conveyed to the Commission that a meeting of CWC was held in which a resolution was passed to endorse all steps taken in the interim period (Le. wef. 05.08.2022 to 41.01.2023). The resolution had indicated that it was held after this Commission's order dated 31.01.2023 and in fact in pursuance thereof. 9. It is also to be noted that this Commission on the petition of Ch. Shujat Hussain gave its decision on 31.01.2023, which was filed in the month of August, 2022, invoking jurisdiction of the Commission under Section 8 read with Section 208(4) of the Elections Act, 2017, further read with Rule 197 of the Election Rules, 2017, whereby he ~ “had impugned the proceedings of CWC dated 28.07.2022 and had apprised that election of PML General Council was never held for appointment of 150 members of CWC; hence CWC did not exist and consequently the Central Election Commission was never appointed. This Commission after extensive hearings and thorough deliberation on the matter, inter alia, held as under:~ “20. The above discussion has lead us to the conclusion that the proceedings carried out by the Central Working Committee of PML, which have been impugned before us qua removal of the petitioner from the post of President and issuing election schedule for the said post, have no legal sanctity in the eyes of law having been carried out beyond the constitution of the PML. We therefore set-aside the same.” 10. In the above decision dated 31" January, 2023, the Commission's emphasis remained on the following articles of the PML constitution:- Article 118 Central Election Commission (CEC) Article 119 5 members of CEC to be appointed by CWC Article 119 CWC = 150 elected + 50 nominated members Article 46 CWC meeting on quarterly basis Article 47 40 members of CWC form the quorum Article 49 CWC shall be principal executive organ Article 8 Office bearers 7 Article 28 1500 member General Council Article 41 GC elects President/ office bearers u. ‘This Commission had also examined the existence of CWC, impugned by the petitioner, in the light of above articles of PML’s constitution, by, inter-alia, framing a question to this effect and had decided to set it aside having the proceedings been beyond the PML's constitution. As per record, last intra party elections within PML were held on 16.01.2021 and next intra party elections were due on 16.01.2025. 12. It is important to mention here that the above petition was filed in the month of August, 2022 and this Commission vide order dated 05.08.2022, had ordered the parties to maintain status quo which was never vacated and remained effective till final decision in the matter on 31.01.2023. 33. It is also worthwhile to mention here that when the above petition of Ch. Shujat Hussain was under adjudication before this Commission, he took following steps during the period of proceedings, which were conveyed by him, his party’s Secretary | General and a member of CWC, as under:~ 7 SA a) PML’s President Ch. Shujat Hussain nominated 50 members to CWC on 03.08.2022, and forwarded to the Commission vide letter dated 30.01.2023; b) Secretary General forwarded a list of 1092 members of General Council to the Election Commission vide letter dated 26.01.2023; ©) A member of CWC Hafiz, Aqeel Jalil signed a resolution on 31.01.2023, conveying holding of a meeting of CWC, after Commission's order dated 31.01.2023. “4. Also during the pendency of the above matter, on 26.01.2023, Ch, Wajahat Hussain, acting as President PML submitted following 2 authority letters to the Commission:~ a) Authorizing Mr. Asim Cheema to submit Form-65 regarding intra-party elections to the Commission; b) Authorizing Mr. Asim Cheema to submit amendment in the PML's constitution to the Commission. 15. In a nutshell, two events happened before issuance of ord 31.01.2023 which are as follows:- a) PML President Ch. Shujat Hussain nominated 50 members to CWC, thereby bringing to life non-existent CWC. His Secretary General notified 1092 members to the General Council, thereby bringing GC to existence. Both conveyed these developments to the Commission on 30.01.2023 and 26.01.2023, respectively. b) Ch. Wajahat Hussain, acting as President PML conveyed intra-party election results and amendment in PML constitution, to the Commission ‘on 26.01.2023. 16. This Commission's decision dated 31.01.2023 had removed the confusion of Presidentship of PML and hence Ch. Shujat ‘Hussain was declared as validly elected President of PML and proceedings initiated against him for his removal were declared to be taken beyond the constitution of PML. 7. ‘The above matters/letters were considered by the Commission and were dealt with in the following way:~ a) Letter regarding nominations of 50 members by Ch. Shujat Hussain as = $ Xd President PML, under article 43, was kept in record, as the members of CWC of PML, on the basis of quorum of 40 members as provided in the PML constitution (article 43), without being notified by the ECP; b) Letter regarding notification of members of Central and Provincial General Councils of PML was also kept in record, without being notified by the ECP; ©) Letter regarding Form-65 (intra-party elections) forwarded by Ch. Wajahat Hussain was rejected in the light of decision dated 31.01.2023, and also on the basis of the fact that intra-party elections under the constitution of PML. are due on 16.01.2025; 4) Letter regarding amendment in PML constitution forwarded by Ch ‘Wajahat Hussain on 26.01.2023 was also rejected in the light of decision dated 31.01.2023; ©) Resolution dated 31.01.2023, signed by Hafiz Aqeel Jalil as member of CWC, was filed un-actioned as internal matter of PML; f) President of PML was advised to put names of members of General Council, CWC and office bearers (as per intra-party elections ea 9 16.01.2021) on website of PML, in terms of Section 208(4) of the Elections Act, 2017. 18. Itis to be noted that while remanding the matter back to this Commission, the Hon'ble Court had directed the Commission to decide respective applications of the parties de-novo on the strength of sections 201(3) and 209(3) of the Elections Act, 2017 and further that scrutiny of documents/amendments submitted by Ch. Wajahat Hussain in the Commission shall be cartied out by the Commission on the strength of Rules 157 & 158 of the Election Rules, 2017. Therefore, this Commission has to confine itself to the above reference. 19. It is an admitted fact that the Commission received following letters from Ch. Wajahat Hussain, which are relevant for the resolution of present controversy: I. Authority letter dated 26.01.2023, signed by Ch. Wajahat Hussain, acting ‘as PML President and authorizing Mr. Asim Cheema to sign Form-65 (intra-party elections allegedly held on 26.01.2023). Il. Authority letter dated 26.01.2023, signed by Ch. Wajahat Hussain, acting as PML President and submitting amendment in PML constitution. 20. Both the above applications/documents were received prior to the decision dated 31.01.2023, in the matter of Ch. Shujat Hussain, who had invoked the jurisdiction of the Commission under Section 8 read with Section 208(4), further read with Rule 197, of the Elections Act, 2017 and Election Rules, 2017, by impugning, inter alia, the proceedings of the CWC dated 28.07.2022, initiated for his removal from the position of the President of PML. He had built his case on Articles 118, 119, 46, 47, 49, 8, 28, 41 of the PML’s constitution, In the said petition, it was the contention of Ch. Shujat Hussain that clection of PML General Council was never held for appointment of 150 members of CWC as explicitly stipulated under the constitution of PML; hence CWC did not exist and consequently the Central Election Commission was never appointed. 21 ‘This Commission after extensive hearings and thorough deliberation on the matter, inter alia, had held that:- “go, The above discussion has lead us to the conclusion that the proceedings carried out by the Central Working Committee of PML, which have been impugned before us qua removal of the petitioner from the post of President and issuing election schedule for the said post, have no legal of the PML. We therefore set-aside the same.” 10 22. The above decision restored the Presidency of Ch. Shujat Hussain and proceedings which were carried out to remove him from his respective position were declared of no legal effect as well as the proceedings relating to conduct of elections within PML. During hearing of the above matter, it was noticed by the Commission that last intra-party elections within PML under its constitution were held on 16.01.2021 and future intra-party elections were due on 16.01.2025 under its constitutional tenure. 23. ‘The first letter dated 26.01.2023, signed by Ch. Wajahat Hussain, acting as PML President and authorizing Mr. Asim Cheema to sign Form-65 (intra-party elections), allegedly held on 26.01.2023, has to be considered on the touchstone of relevant sections of the Elections Act, 2017 and the PML's constitution. Sections 208 & 209 of the Act ibid, which deal with the subject, provide the following in this regard:- “208. Elections within a political party—(1) The office-bearers of a political party at the Federal, Provincial and local levels, wherever applicable, shall be elected periodically in accordance with the constitution of the political party Provided that a period, not exceeding five years, shall intervene between any two elections. (2) A member of a political party shall, subject to the provisions of the constitution of the political party, be provided with an equal opportunity of contesting election for any political party office. (g) 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. (4) The political party shall publish the updated list of its central office bearers and Executive Committee members, by whatever name called, on its website and send the list, and any subsequent change in it, to the Commission. “209. Certification by the political party.—(1) A political party shall, within seven days from completion of the intra-party elections, submit a certificate signed by an office-bearer authorized by the Party Head, to the Commission to the effect that the elections were held in accordance with the constitution of the political party and this Act to elect the office-bearers at the Federal, Provincial and local levels, wherever applicable. (2) The certificate under sub-section (1) shall contain the following information— (a) the date of the last intra-party elections; (b) the names, designations and addresses of office-bearers elected at the Federal, Provincial and local levels, wherever applicable; (© the election results; and (a) copy of the political party's notifications declaring the results of the election. . u (3) The Commission shall, within seven days from the receipt of the certificate of a political party under sub-section (1), publish the certificate on its website.” 24. ‘The corresponding Rules of the above sections contained in the Election Rules, 2017, provide the following: “156. Mode of submission of documents.—The constitution, certificates, documents, ete, to be submitted to the Commission under the Act shall be delivered through an office bearer of the party, duly authorized by the Party Leader and shall not be entertained through post, fax, courier service or any other mode. 457. Serutiny of political parties' constitution and information, ete.—Where the Commission is of the opinion that the constitution, other documents and information submitted by a political party is not in conformity with the Act, it shall return the same with specific observations to the concerned political party for resubmission in accordance with the provisions of the Act. 158. Submission of certificate to the Commission regarding intra- J party elections.— (1) The Party Leader of each political party under his signature shall, within seven days of the completion of intra-party elections, submit a certificate to the Commission in Form-65 specifying that the intra- party elections have been held in accordance with the constitution of the party and the provisions of the Act. +o (2) The Commission shall, after satisfying itself that the certificate fulfils the requirements of sections 208 and 209, publish the certificate including the details of election in the official Gazette. 25. Section 2 (xxviii) of the Blections Act, 2017, provides the following definition of a political party:- (xviii) —political partyi| means an association of citizens or a combination or group of such associations formed with a view to propagating or influencing political opinion and participating in elections for any elective public office or for membership of a legislative body, including an Assembly, the Senate, or local government;” 26. ‘As per the record, last intra-party elections of PML were held on 16.01.2021 and according to the constitution of PML, next elections are due on 16.01.2025. As a v 2 result of said elections, Ch. Shujat Hussain, as per record, was elected as an unopposed President of PML, uptill next elections or until his death or resignation, The certificate of last intra-party elections of PML was also published in the official gazette. This Commission’s decision dated 31 January, 2023, had also nullified the proceedings carried out for removal of Ch. Shujat Hussain from the Presidentship, being beyond the PML's constitution. The said decision of the Commission still holds the field having not een set-aside by any forum. 27. [As per section 208 (4) of the Elections Act, 2017, every political party is ound to publish the updated list of its central office bearers and Executive Committee members, by whatever name called, on its website and send the list, and any subsequent change in it, to the Commission. Moreover, as per section 209(1) of the Act ibid, a political party is required, within seven days from completion of the intra-party elections, to submit a certificate signed by an office-bearer authorized by the Party Head, to the Commission to the effect that the elections were held in accordance with the constitution of the political party and this Act to elect the office-bearers at the Federal, Provincial and local levels, wherever applicable. Certificate of Last intra-party elections of PML was signed by Ch. Shujat Hussain in his capacity as President/Party Head. Nothing contrary * to it was ever conveyed to the Commission for updating its record under the Elections ‘Act, 2017, Therefore, the first letter dated 26.01.2023, signed by Ch. Wajahat Hussain, acting as PML President and authorizing Mr. Asim Cheema to sign Form-65 (intra-party clections), allegedly held on 26.01.2023, is not in accordance with the relevant provisions of the Elections Act, 2017 as well as the constitution of PML. The letter in question when. perused on touchstone of section 209 (3), reproduced below, makes it abundantly clear only those certificates which are in accordance with sections 208 & 209, are required to be published in the official gazette as stipulated in Rule 158(2) which provides that the “Commission shall, after satisfying itself that the certificate fulfills the requirements of sections 208 and 209, publish the certificate including the details of election in the official Gazette”. As per record, Ch. Shujat Hussain was/is the validly elected President of the PML and only he was empowered in terms of section 209(1) to authorize an office- bearer to submit certificate (Form-65) in the Commission. “209. Certification by the political party.—(a) A political party shall, within seven days from completion of the intra-party elections, submit a certificate signed by an office-bearer authorized by the Party Head, to the ‘Commission to the effect that the elections were held in accordance with the constitution of the political party and this Act to clect the office-bearers at the Federal, Provincial and local levels, wherever applicable. <= is Q)eneme B () The Commission shall, within seven days from the receipt of the certificate of a political party under sub-section (1), publish the certificate on its website.” 28. ‘There is also a requirement of Rule 156 that “the constitution, certificates, documents, etc, to be submitted to the Commission under the Act shalll be delivered through an office bearer of the party, duly authorized by the Party Leader and shall not be entertained through post, fax, courier service or any other mode.” The document in question i.e, Form-65 was not signed by the Party Leader. It was also not compliant with the provisions of section 209(1) of the Elections Act, 2017. The requirement of returning of documents to the political party in terms of Rule 157, comes into play when such documents are signed by the party head/leader in terms of section 209(1) of the Act ibid, Since the status of Ch. Wajahat Hussain was of a stranger being not party head of the PML, the documents submitted on his behalf were liable to rejection instead of return, There is another aspect of this case based on an Affidavit of ‘Mr. Muhammad Ishtiag Gohar, who was nominated by the petitioner side as Chairman Provincial Election Commission, Punjab for conduct of intra-party elections on 26.01.2023, who in his affidavit stated on oath that election schedule and other resolutions for conduct of intra-party elections on 26.01.2023, were all prepared by some other person and were fake and he had been asked to declare Mr. Pervaiz Tlahi as un- _ opposed President of PML. He in his affidavit further mentioned that the result of intra- party elections submitted in the Commission on 26.01.2023, were not declared by him nor signed by him as Chairman Provincial Election Commission and his signatures were forged. He further alleged in the affidavit that no meeting of CWC was held on 16.01.2023 and 19.01.2023 and in this regard fake documents were prepared even no meeting of General Council to amend the constitution was convened on 15.01.2023. All the meetings which have allegedly been called and fake signatures were made are against the procedure provided in the constitution of PML. This aspect of the matter makes the entire process of intra-party elections doubtful. Moreover, first application of the petitioner dated 26.01.2023 was received in the Commission on 27.01.2023 (Friday) which was processed on next working day i.e. 30.01.2023. When the said application was under consideration, decision dated 31* January, 2023, was announced, which rendered +the application of the petitioner inconsequential. An impression that the applications of the petitioner and Ch. Shujat Hussain were treated differently bas no force as application of Ch. Shujat Hussain was received in the Commission on 31" January, 2023 which was placed on record and results were not notified as matter regarding presidentship was_ pending at that time. After decision in the matter on 31% January, 2023, Ch. Shujat”* Hussain has been asked by the Commission vide letter dated 22.02.2023, to put the ca 14 names of the members of General Council, Central Working Committee and office bearers elected in the intra-party elections on 16.01.2021 on the website of the PML as required under section 208(4) of the Elections Act, 2017. It is also on record that this Commission in Ch. Shujat Hussain matter (refer decision dated 31* January, 2023) had held that the CWC which had carried out the proceedings against Ch. Shujat Hussain qua bis removal had no existence as 50 members required to be nominated by the President Ch. Shujat Hussain were never appointed by him and on that basis those proceedings were declared of no effect, having been carried out beyond the constitution of PML, In terms of articles 118 & 119 of the PML constitution, elections of office-bearers including of President are organized by a Central Election Commission which consists of five members appointed by the CWC prior to each election. In the present case of the petitioner, in the absence of any CWC, how election could be held for the President and Ch. Wajahat Hussain could be elected as President as claimed by him. 29. Second letter in issue is also an authority letter dated 26.01.2023, signed by Ch. Wajahat Hussain, acting as PML President whereby certain amendments in PML constitution allegedly made by PML Council, were conveyed to the Commission. It was the case/contention of the petitioner before the Hon'ble High Court and before us post- remand that the Commission failed to act in accordance with section 201(3) of the Act whereunder it was required to maintain updated record of the constitution of PML. The “relevant section 201 of the Act ibid lays down the following provisions in this regard:- “201. Constitution of pol parti its constitution, by whatever name called, which shall include— (a) the aims and objectives of the political party; (b) organizational structure of the political party at the Federal, Provincial and local levels, whichever is applicable; (c) membership fee to be paid by the members, where applicable; (@) designation and tenure of the office-bearers of the political party; (©) criteria for receipt and collection of funds for the political party; and (0 procedure for— (@ election of office-bearers; (ii) powers and functions of office-bearers including financial decision making; (iii) selection or nomination of party candidates for election to public offices and legislative bodies; (iv) resolution of disputes between members and political party, including issues relating to suspension and expulsion of members; (v) method and manner of amendments in the constituti political party. cy f 15 (2) Every political party shall provide a printed copy of its constitution to the Commission. (g) Any change in the constitution of a political party shall be communicated to the Commission within fifteen days of incorporation of the change and the Commission shall maintain updated record of the constitutions of all the political parties.” 30. ‘The corresponding Rules 156 and 157 of the Election Rules, 2017, are reproduced again for convenience:- “456. Mode of submission of documents.—The constitution, certificates, documents, etc. to be submitted to the Commission under the ‘Act shall be delivered through an office bearer of the party, duly authorized by the Party Leader and shall not be entertained through post, fax, courier service or any other mode. 157. Scrutiny of political parties’ constitution and information, etc.—Where the Commission is of the opinion that the constitution, other documents and information submitted by a political party is not in conformity with the Act, it shall return the same with specific observations to the concerned political party for resubmission in accordance with the provisions of the Act.” 3h We have before us the constitution of the PML and Article 136 thereof which deals with the procedure of amendments in the constitution in the following manner:~ ‘136. The Constitution of Pakistan Muslim League shall be amended by the Council of Pakistan Muslim League by at least two-third majority of the members Be present.’ "32. ‘As clearly provided in the above rule 156 that the constitution including amendment in the constitution, certificates, documents, etc. to be submitted to the Commission under the Act are required to be delivered through an office bearer of the party, duly authorized by the Party Leader and shall not be entertained through post, fax, courier service or any other mode. As observed in paragraph 28 above, the amendment had no authorization of the Party Leader as Ch. Wajahat Hussain was not an elected President of the PML. The status of Ch. Wajahat Hussain was of a stranger being not party head of the PML. The documents submitted on his behalf were liable to rejection instead of return. The affidavit of Muhammad Ishtiag Gohar referred to in paragraph 28, supra, has disclosed the illegitimacy of disputed amendments. Moreover, amendment in the constitution of a political party can only be carried out in accordance with the procedure laid down in its constitution as the Act ibid (section 201((v)) stipulates. In terms of Article 136 of the PML constitution, amendment in PML constitution could only be effectuated/made by the Council of Pakistan Muslim League by at least two-third majority of the members present, which is not the case here. As mentioned above, in_ terms of Article 34, the PML Council meets at the discretion of the President aridfor. requisitioning of a special meeting of the Council by the Secretary General, prior notice of 16 10 days is mandatory under Article 36 wherein time and place of meeting is required to be mentioned followed by press announcement to be made by the Secretary General to this effect. In the present case, letter dated 05.12.2022 available on record shows that it was addressed to the Secretary General of PML wherein 15.01.2023 was fixed by the alleged members of General Council for holding special meeting of the General Council. No prior notice in terms of Article 36, was given by the General Secretary to each member nor any record has been produced before this Commission regarding issuance of prior notice. Article 36 reproduced below provides the following:- “prior Notice of the Meeting 36. The Secretary General shall, not less than 20 days prior to the ordinary meeting and 10 days prior to special meeting, issue to cach member @ notice stating the time and place of the meeting. A press announcement to that effect shall also be made by the Secretary General.” 33. Therefore, the amendment in PML constitution was not required to be maintained in record in terms of section 201(3) of the Act ibid. 34. With the above observations, the matter stands disposed of. if eins Ba :

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