ISLAMABAD: Veteran politician Chaudhry Shujaat Hussain on Tuesday won a legal battle over the PML-Q presidency after the electoral watchdog ruled in his favour and declared the entire process for his removal from the position as illegal.

A five-member bench of the Election Commission of Pakistan (ECP) headed by its chief commissioner said in its unanimous decision that Mr Shujaat’s removal as president by the party’s central working committee had no legal sanctity. The commission also set aside elections announced by the committee for the post.

The verdict was announced on a petition filed by Mr Shujaat amid an ongoing tussle with his cousin Chaudhry Parvez Elahi. The differences between the close cousins — popularly known as the Chaudhrys of Gujrat — emerged last year ahead of elections for the office of Punjab’s chief minister.

Shujaat Hussain supported the ruling coalition’s candidate Hamza Shahbaz for the post, whereas Parvez Elahi struck a deal with the PTI to become a candidate himself and later went on to claim the chief ministership.

ECP declares his removal by party’s central working committee ‘illegal’

Earlier this week, the party’s general council removed Shujaat Hussain as the PML-Q president and Tariq Bashir Cheema as its central general secretary.

Mr Shujaat’s brother Chaudhry Wajahat Hussain — who, along with Mr Elahi, is allied with Imran Khan — was chosen as the new party president, while Kamil Ali Agha was selected as the central secretary-general.

Earlier this month, Chaudhry Shujaat Hussain suspended the party membership of Parvez Elahi over his comments regarding the party’s possible merger with the PTI.

A show-cause notice served to Mr Elahi mentioned that the PML-Q president called an urgent meeting of the senior leaders, where it was noted that the provincial president did not have the authority to merge the party with PTI.

In its 30-page order, the ECP said that the record showed Chaudhry Shujaat was elected as PML-Q president unopposed in the last intra-party election notified on Jan 16, 2021 and was to remain at the post until the next polls as per Article 140 of the party’s constitution.

“The record also reveals that the CWC [central working committee], which has carried out the impugned proceedings, was not constituted in accordance with Article 143 of the PML constitution, as 50 members out of 200 were required to be elected by the party’s council and 50 were to be required to be nominated by PML president and he has the authority to increase the number of members of CWC as and when required,” the order said.

The bench also pointed out in its verdict that the quorum for a meeting of CWC was 40, excluding the office-bearers. However, it was a mystery how many members attended the meeting.

The order also pointed out that under the PML-Q constitution, there was no provision for removing the president and the office could only fall vacant in case of death or resignation.

Published in Dawn, February 1st, 2023