Law: Elections Act, 2017

Section: XXXIII,209,210,202,218(3)

Law: Constitution of Pakistan, 1973

Section: 17(3)

Elections Act (XXXIII of 2017)-------Ss. 209 & 210---Constitution of Pakistan, Art. 17(3)---Political party [All Pakistan Muslim League (APML)]---Failure to provide statement of accounts to the Election Commission of Pakistan (ECP)---Non-existence of office bearers of the party---Effect---Delisting of political party (APML) and rejection of its application for allocation of elections symbol.By way of the impugned order the Election Commission of Pakistan ("ECP") held that there were no elected office bearers of the political party [All Pakistan Muslim League (APML)], therefore, the party was virtually non-existent; that due to non-existence of the elected office bearers in accordance with the party constitution and the provisions of the Elections Act, 2017 (Act of 2017), the party had been unable to provide valid consolidated statements of accounts of last four (4) years which was requirement of the Article 17(3) of the Constitution read with Section 210 of the Act of 2017; that the APML had failed to fulfill the requirement of sections 209 and 210 of the Act of 2017 which was one of the pre-requisite for enlistment of a political party in terms of section 202, and that in exercise of powers conferred upon under Article 218(3) read with section 202(5) of the Act, APML, as a political party was delisted and the applications for allocation of symbol submitted by unauthorized and self styled office bearers were rejected, as a result of which the symbol 'Eagle' became available for allocation in accordance with law.Counsel for the applicant (APML) was asked whether the statements of accounts, which were required by the ECP, were provided but he could not refer to a single document in this regard; further establishing that the requisite statements were not provided to the ECP. Accordingly, the Supreme Court sustained the impugned order of the ECP. Appeal was dismissed.Date of hearing: 12th January, 2024.ORDERQAZI FAEZ ISA, CJ. This civil appeal was not numbered by the office because Mr. Jahan Zarin had described himself as Chairman of All Pakistan Muslim League ('APML') and filed the appeal under the name of APML, which no longer existed as a political party.…