ISLAMABAD - The Pakistan Tehreek-e-Insaf (PTI) Wednesday challenged the Election Commission of Pakistan’s fact finding report in the prohibited funding case against the party.
PTI’s Additional Secretary General Omar Ayyub moved the petition before the Islamabad High Court (IHC) through his counsels former attorney general Anwar Mansoor Khan and others, praying the court to declare the ECP’s decision dated August 2, 2022, as illegal.
They stated that the petitioner is grossly aggrieved by the Fact Finding Report heard on 21-06-2022 and announced on 02.08.2022 by the Election Commission of Pakistan. He added that the petitioner was utterly dissatisfied with the impugned Fact Finding Report, being contrary to facts and the law, additionally having been passed in excess of authority and in violation of the judgments of the superior courts. The petitioner sought to challenge the impugned Fact Finding Report, praying the court to declare it null and void. He adopted the stance that the ECP is the constitutional administrative body created for carrying out fair and free elections, and to carry out other purposes as required under the Constitution and the statutes. The respondent was mandated to inter alia, by the Supreme Court of Pakistan in case of Muhammad Hanif Abbasi versus Imran Khan Niazi and 3 others reported as PLD 2018 SC 189 to scrutinize the source of funds and the accounts of political parties under the previous law, the Political Parties Order 2002 . The PTI contended that the ECP has passed the impugned Fact Finding Report dated 02.08.2022, based on incorrect facts, incorrect application of law, beyond its jurisdiction and in an unreasonable, irrational, bias manner. “The exercise of executive is to be exercised reasonably, rationally, proportionately, justly, without any bias or ulterior motive, supported by reason and explanation. The ECP, in the impugned Fact Finding Report, has not adhered to any principles which regulate the discretion of an executive body,” said the party