S.A. NUSRAT (CHIEF ELECTION COMMISSIONER).--The concept of registration of political parties was introduced in the electoral process of Pakistan through the Political Parties (Amendment)
Ordinance, 1979 (Ordinance No. XLII of 1979) promulgated on 30th August, 1979. Through this Ordinance, two new sections, namely, section 3-A and section 3-B were added to the Political Parties Act, 1962 hereinafter referred to as the Act. Section 3-A required every political party to submit, in the prescribed manner and form, the statement of its finances and accounts to audit by an officer or authority authorised by the Election Commission in this behalf. The manner and form for submission of the statement of finances and accounts was prescribed under the Political Parties (Audit of Accounts) Rules, 1979. The Accountant --General, Pakistan Revenues, Islamabad was authorised by the Election Commission to audit the accounts of Political Parties.
2. Subsection (1) of section 3-B of the Act provided that every political party in existence at the time of promulgation of Ordinance No. XLII of 1979 shall apply, within one month of its promulgation or within one month of its being formed, after commencement of this Ordinance, to the Election Commission for registration. The documents required to be submitted to the Commission, along with application for registration, were specified under subsection (2) of section 3-B,
3. In pursuance of section 3-B, the Election Commission ordered registration of sixteen political parties vide Notification No. F.l(3)/76--Cord, dated 2nd October, 1979. The names of two factions of the Pakistan Muslim League, namely Pakistan Muslim League (Chatha Group) and Pakistan Muslim League (Qaiyum Group) appeared in the list of political parties duly registered by the Commission.
Pakistan Muslim League (Pagara Group) did not apply for registration under section 3-B of the Act and its name, therefore, did not appear in the aforesaid notification.
4. It appears from the record that some political parties had submitted the statement of finances and accounts to audit under section 3-A but had not filed applications for registration as envisaged by section 3-B of the Act. In order to afford an opportunity to such parties to contest the elections due to be held in November, 1979, the Political Parties Act, 1962, was further amended by inserting another section 3-C through the Political Parties (Third Amendment) Ordinance, 1979 promulgated on 7th October, 1979. The new section 3-C enabled such political parties to seek from the Election Commission a declaration of eligibility to participate in elections by answering a questionnaire published by the Election Commission in the official Gazette.
5. 1n pursuance of section 3-C, the Commission declared five political parties to be eligible to participate in elections as per Notification No. F.1(3)/76-Cord, dated 9th October, 1979. The list of eligible parties, as published in that Notification, contained the name of Pakistan Muslim League (Pagara Group). Permission to participate in the elections of 1979 under section 3-C cannot in any manner be stretched to mean registration under section 3-B of the Act.
6. The general elections scheduled to be held in November, 1979, were postponed for an indefinite period and Martial Law Regulation No. 48 was promulgated on 16th October, 1979. This Regulation provided that "all political parties in Pakistan with all their groups, branches and factions, hereinafter referred to as the parties, shall cease to exist and no person shall henceforth--
(a) be a member or call himself a member of any of the parties or be an office-bearer thereof;
(b) by words either spoken or written or by signs or visible representation, propagate the manifesto of or any matter in support of any of the parties;
(c) operate the accounts of any of the parties in his own name or in any bank, or spend or transfer any amount therefrom."
Consequently, all political parties, inclusive of the parties registered by the Commission on 2nd October, 1979 and also the parties declared on 11th October, 1979 to be eligible to participate in the abortive elections, ceased to exist as political parties.
7.In pursance of the Political Parties Act, 1962, the Political Parties Rules, 1986 and the Notification issued by the Election Commission on 20th January, 1986, the political parties started applying for fresh registration. An application for the registration of Pakistan Muslim League was filed with the Commission, along with the requisite documents. Before, however, consideration of the application of this party, the Commission received a telegram, dated 28th January, 1986, from Sh. Liaquat Hussain, Acting President, Pakistan Muslim League (Pagara Group) objecting to the registration of Pakistan Muslim League and requesting the Election Commission: "to await application for the registration of Pakistan Muslim League -(Pagara Group) before the registration of Pakistan Muslim League". The Commission duly considered this telegram at the time consideration of the application of Pakistan Muslim League for registration. As no application was still then (or even thereafter) filed for the registration of Pakistan Muslim League (Pagara Group), the Commission considered the application of Pakistan Muslim League, which was the first to apply- for registration under his name. Finding the application to be in accordance with law, registration was granted to it. Since the objection was received under the signatures of Sh. Liaquat Hussain as the Acting President of a Political Party styled as "Pakistan Muslim League (Pagara Group)". The Commission found that it had no locus standi to object to the registration of a political party having the name of Pakistan Muslim League. Obviously, the Commission was not considering any application for registration made in the name of Pakistan Muslim League (Pagara Group).
8. The Commission subsequently received a representation, dated 20th March, 1986, from Sh.
Liaquat Hussain, Acting President, Pakistan Muslim League (Pagara Group), in continuation of his telegram 28th January, 1986. In this representation, the Commission was requested that-- "(a) the registration of Pakistan Muslim League recently formed and registered be cancelled,
(b) Pakistan Muslim League (Pagara Group) be notified as a political party registered and eligible to contest elections and to put up candidates for election to the Central and Provincial Legislatures."
9. The Commission considered this representation at length in Karachi on June 24, )986. On a notice from the Commission, Sh. Liaquat Hussain appeared in person before the Commission. He was assisted by Syed Hassan Mahmud in presenting the case of Pakistan Muslim League (Pagara Group).
10. The applicant claims that Pakistan Muslim League (Pagara Group) which was declared by the Commission to be eligible to participate in the election as per Notification, dated 9th October, 1979 stands automatically revived, pursuant to the lifting of Martial Law and corning into force of the Constitution. Reliance in this connection is placed on Article 14 of the Provisional Constitution Order, 1981 (C.M.L.aA. Order No. 1 of 1981). The said Article and the relevant sub-Articles arc. Reproduced hereunder:--
14. Political Parties.---(1) When political activity is permitted by the President, only such of the defunct-political parties shall be entitled to function. As were registered with the Election Commission, or were declared by the Commission to be eligible to participate in elections, by the eleventh day of October, 1979.
(2) All political parties other than those referred to in clause (1) snail stand dissolved and all their properties and fund shall be forfeited to the Federal Government.
(3) No political party shall be formed after the commencement of this Order except with the previous permission in writing of the Chief Election Commissioner.
(4) If the President is satisfied that a political party has been formed or is operating in a manner prejudicial to the Islamic Ideology or the sovereignty, integrity or security of Pakistan, the President may dissolve the political party in consultation with the Chief Election Commissioner.
11. Admittedly, no permission of political activity was granted by the President as envisaged in sub- Article (1) of Article 14 ibid. 1985 elections were held on partyless basis. This provision, which was made for a specific purpose, thus remained unutilized and became redundant. With the lifting of Martial Law on 30th of December, 1985, upon the issuance of "The proclamation of withdrawal of Martial Law" by the Chief of the Army Staff and the Chief Martial Law Administrator, the Provisional Constitution Order was simultaneously repealed. Article 14 thus did not see the light of new dawn of political activity. The revival of political activity took place on the Constitution having come into full play. When this happened, the Government introduced the present scheme of fresh registration of political parties. The Political Parties Act, 1962, was amended by the Political Parties (Amendment)
Act, 1985 (XXII of 1985) whereby a new section 12 was added to the Act. This section empowered the Federal Government to make rules for the purposes of the Act. Pursuant to this provision the Federal Government promulgated ` the Political Parties Rules, 1986 on 18th January, 1986. The Political Parties (Audit of Accounts) Rules, 1979, under which accounts were furnished by the Political Parties in 1979 have since been repealed by rule 8 of these Rules. Rule 3(a) of the Rules provides that for the purposes of the Act, a political party shall be deemed to have been formed on the day its manifesto, that is to say, its foundation document or constitution, is adopted by its general body. By rule 4, it is mandatory for every political party to maintain account in the form appended to the Rules and submit a statement of its finances and accounts to audit by an officer or authority authorized by the Election Commission. The proviso to rule 4 provides that every political party shall submit a statement of its finances and accounts at the national level within thirty days of its being formed. The requirement of submission of accounts is in accord with clause
(3) of Article 17 of the Constitution and every political party is, therefore, bound to submit its accounts not only in accordance with law but also under the mandate of the Constitution. Many political parties have submitted their statement of finance and Accounts to audit, after the lifting of Martial Law on 30th December ,1985,irrespective of the fact whether any application for registration was made or not.Under subsection (2) of section 3-B of the Act and in supersession of its Notification, dated 10 September 1979 the Election Commission notified in the official Gazette dated 20 January, 1986 the manner in which an application for the registration of a political party had to be made.It would thus appear that under the amended law an altogether new method of registration has been provided.
12.The Election Commission has been registering political parties in accordance with the existing law.The Pakistan Muslim league (Pagara Group) has not applied for registration.There does not exist any provision of revival of any defunct political party as claimed by the applicant.The applicant, in the circumstances, has no case to seek cancellation of registration of Pakistan Muslim League which has been registered by the Election Commission in accordance with law. The applicant has also no case for the grant of a declaration as applied for. The application is accordingly rejected.