PESHAWAR: The Peshawar High Court (PHC) on Tuesday allowed Pakistan Tehreek-e-Insaf (PTI) to retain “bat” as its electoral symbol as it has suspended the Election Commission of Pakistan’s decision regarding withdrawal of the symbol over flawed intra-party polls.
PHC Justice Kamran Hayat issued the ruling and suspended the ECP’s verdict on petitions filed against the intra-party polls of PTI.
Justice Hayat remarked that ECP was not authorised to issue verdict on the intra-party elections. Issuing notices to the parties, he adjourned the hearing till January 9.
During hearing of the PTI plea against ECP ruling on intra-party polls, the commission asked how it could halt awarding of electoral symbols to a party following issuance of schedule.
As the proceedings started, Justice Kamran Hayat asked under which law the ECP could declare party polls null and void.
Justice Hayat observed, “You gave a 20-day deadline, the elections were held and documents were submitted. Does the Election Commission have powers to declare elections unlawful?”
ECP lawyer Naveed Akhtar submitted, “Our claim was that the PTI did not conduct elections on time.”
Earlier, talking to media persons outside Peshawar High Court, PTI leader Babar Awan said his party’s electoral symbol was bat which would remain with it in future too.
Awan said his party was going to challenge the decision in the PHC and would also move a contempt case in the Supreme Court against the Election Commission of Pakistan.
He said as per the apex court order, whoever would impede smooth conduct of general elections would be proceeded against.
The PTI leader said pre-poll rigging was underway in Punjab against his party. He said nomination papers were snatched from his party workers and leaders.
Talking to the media outside PHC in Peshawar, PTI leader Barrister Gohar Ali Khan said even a single bench can suspend the ECP’s decision as there were winter vacations going on in the high court.
Responding to a question, he said a political party “ceases to exist” if its election symbol is withdrawn.
The PTI recently declared its intention to challenge the ECP’s ruling in both the Supreme Court and the PHC. Gohar Ali Khan expressed disappointment in the ECP’s verdict, citing flaws in the ruling.
On December 22, a five-member ECP bench, headed by Chief Election Commissioner (CEC) Sikandar Sultan Raja, invalidated PTI’s intra-party elections, stripping the former ruling party of its iconic cricket bat electoral symbol.
This decision was announced after PTI representatives met with ECP officials, expressing concerns about an unfair playing field ahead of the upcoming general elections scheduled for February 8.
Despite his disappointment with the ECP’s decision, Gohar Ali Khan said he remained hopeful for justice from the courts. He instructed candidates to submit their nomination papers and assured that the party has contingency plans, intending to pursue legal recourse if needed.
The PTI conducted intra-party elections earlier this month to comply with an ECP requirement for retaining the party’s electoral symbol.
Earlier, the Pakistan Tehreek-e-Insaf (PTI) on Tuesday approached the Peshawar High Court (PHC) challenging the Election Commission of Pakistan’s decision to invalidate its intra-party elections and deprived the party of “bat” symbol.
After admitting the plea, the PHC decided to take up the PTI’s challenge to the ECP verdict, fixing the petition for hearing. Justice Kamran Hayat Mian will conduct the hearing.
Copyright Business Recorder, 2023
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