Two-member bench to resume proceedings on PTI\u2019s plea challenging ECP\u2019s order against intra-party polls after winter vacations
\nPESHAWAR
\nIn a major legal victory for the Pakistan Tehreek-e-Insaf (PTI), the Peshawar High Court (PHC) suspended the Election Commission of Pakistan\u2019s (ECP) order, restoring the party\u2019s iconic election symbol \u2014 \u201cbat\u201d \u2014 till a final decision on the petition.
\nWhile announcing a verdict reserved on PTI\u2019s petition challenging the Election Commission\u2019s order declaring the intra-party polls as \u201cillegal\u201d, the court stated that a double bench will hear the matter after winter vacations.
\nThe electoral body on December 22, stripped the party of its iconic \u201cbat\u2019\u201d symbol \u2014 a sign that depicts its founder, Imran Khan\u2019s former life of cricket, in a decision on former PTI leader Akbar S Babar\u2019s petition challenging the intra-party elections to be in line with the rules.
\nDuring today\u2019s hearing, PHC\u2019s Justice Kamran Hayat Miankhel remarked that the ECP would have to allot the electoral symbol to PTI as it can\u2019t be revoked after the issuance of the election schedule.
\nThe party had named the ECP and those who challenged the party elections as respondents in its plea filed today with a request for an urgent hearing of the matter.
\nIn its written verdict, the PHC stated: \u201cAfter hearing the arguments from both sides, this court reached a conclusion that as elections are scheduled to be held on February 8 and the last date for allotment of election symbols is January 13, 2024, so keeping in view the urgency, that a political party has been denuded of its symbol, meaning thereby that aspirants from the general public who were willing to vote for petitioners\u2019 party were divested of their right to vote as per their choice.\u201d
\nThe PHC remarked that depriving a political party of an electoral symbol is a violation of the rights of the voters and suspended the December 22 order of the ECP.
\nThe court ordered the electoral watchdog to restore the PTI\u2019s election symbol \u201cbat\u201d. The ECP was also directed to upload certificates containing PTI intra-party elections on its website by January 9.
\nThe court also ordered to give notices to all the respondents for January 9 and adjourned the hearing.
\nPTI praises PHC decision
\nReacting to the development, PTI\u2019s Barrister Gohar Ali Khan said the PHC\u2019s ruling \u201cput the final nail in conspirators\u2019 coffin\u201d.
\nHe said that the conspiracies against the PTI failed after the PHC ruling today.
\n\u201cThe PTI was being cornered and the suspension of the ECP\u2019s verdict was necessary,\u201d he added.
\nHe said that the judiciary has not only restored the election symbol but it also regained the confidence of the nation. The court has reviewed the entire set of regulations and suspended the ECP\u2019s order, he added.
\nHe urged the ECP to immediately publish the certificate of the PTI on its website in the interest of justice to restore its election symbol and take effective steps to hold a fair election.
\nBarrister Khan also expressed hopes that the ECP order declaring the PTI\u2019s intra-party polls and election symbol will be nullified in the next hearing.
\nSpeaking to the media after the hearing, PTI\u2019s counsel Barrister Ali Zafar welcomed the PHC\u2019s verdict, saying that the high court upheld the ritual of justice.
\n\u201cThe electoral symbol is the identity and a fundamental right of a political party \u201c, he said, adding that the court ruled that the PTI can continue its election campaign with \u201cbat\u201d as its symbol.
\nHe said that the suspension of the electoral body\u2019s decision was crucial.
\n\u201cI don\u2019t want to speak against the ECP, but it seems like the commission is against the PTI,\u201d Barrister Zafar said, calling on the electoral body for a free and fair election.
\nIt may be noted that the hearing will resume days ahead of the final date for the allotment of electoral symbols, which is January 13.
\nThe hearing
\nAt the hearing\u2019s outset, PTI lawyer Ali Zafar said the PTI was given 20 days for holding elections and it held internal party elections on December 3 in Peshawar.
\nThe ECP admitted the veracity of the intra-party elections and issued a certificate to the party, he said.
\nThe PTI counsel said then the ECP withdrew the electoral symbol saying the one who conducted the elections was not the right person. Hence, it invalidated the elections raising objection on the election commissioner, he added.
\n\u201cThe ECP\u2019s order is illegal and unconstitutional,\u201d he argued, adding that since their symbol was withdrawn they could not participate in the polls as a political party, hence they would also lose the reserved seats which were divided among political parties.
\nHe said a \u2018symbol case\u2019 verdict of the Surpeme Court was present for reference. He said the Article 17 of the Constitution stated that everyone had the right to form association and union and the union and association had the right to elect their officials. The ECP questioned how the chief election commissioner was appointed by the general secretary, he said.
\nBarrister Zafar said as per the apex court the election symbol was a crucial part of Article 17. The ECP did not have the authority to question election of party officials, he said. Hence, the commission could not annul the party elections, he said adding that if the electoral authority was given this right then it would be violation of the Article 17.
\nPetition
\nThe petition stated that the ECP did not have the authority to decide the procedure for intra-party elections. The complainant who challenged the intra-party polls was not a party member, it added.
\n\u201cThe ECP withdrew the electoral symbol \u2018bat\u2019,\u201d it read asking the court to form a bench comprising senior judges and hear the plea on Tuesday (today).
\nThe PTI prayed to the court to hold and declare that the impugned order is without jurisdiction, without lawful authority and illegal and as a consequence, thereof, set it aside forthwith.
\nThe PTI also pleaded to hold and declare the proceedings by ECP to question the validity of the IPEs on the basis of any objections filed by any persons were coram non judice, illegal and without lawful authority.
\n\u201c\u2026find and declare that \u2018election symbol\u2019 has been illegal and unlawfully been withdrawn which is, inter alia, violation of fundamental rights of the petitioners including Article 17 and Article 25 of the constitution.\u201d
\nThe PTI asked the court to direct the ECP forthwith to \u201cpublish the certificates of PTI on its website of ECP as required by 209 (3)\u201d in the interest of justice and to restore its election symbol.
\nIn the wake of PTI\u2019s intra-party elections, held on December 2, ex-PTI member Akbar S Babar had refused to accept the polls and moved the electoral authority against it.
\nFollowing the Election Commission\u2019s verdict that the polls were not in line with the rules, the party not only had its symbol taken away, but it was also left without a chairman \u2014 as the polls declaring Barrister Gohar Khan as chairman were ruled illegal.<\/p>\n","protected":false},"excerpt":{"rendered":"
Two-member bench to resume proceedings on PTI\u2019s plea challenging ECP\u2019s order against intra-party polls after winter vacations PESHAWAR In a major legal victory for the Pakistan Tehreek-e-Insaf (PTI), the Peshawar High Court (PHC) suspended the Election Commission of Pakistan\u2019s (ECP) order, restoring the party\u2019s iconic election symbol \u2014 \u201cbat\u201d \u2014 till a final decision on […]<\/p>\n","protected":false},"author":2,"featured_media":376921,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[2],"tags":[],"class_list":{"0":"post-376911","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-top-news"},"yoast_head":"\n