PESHAWAR, Jan 03 (NNI): The Peshawar High Court (PHC) on Wednesday accepted an intra-court appeal of the Election Commission of Pakistan (ECP) against the earlier court order to withdraw PTI’s election symbol “bat” and declare intra-party elections “illegal”.
The PHC vacated the stay order reinstating the ECP’s December 22 verdict against the PTI intra-party polls and electoral symbol.
The PHC’s earlier decision suspended the ECP’s decision on PTI’s intra-party polls.
Earlier in the day, the Peshawar High Court (PHC) reserved the verdict on the intra-court appeal filed by the Election Commission of Pakistan (ECP) in the PTI’s intra-party elections and election symbol case after parties to the case concluded their arguments.
A single-judge PHC bench comprising Justice Ijaz Khan heard the appeal.
ECP’s lawyer Iskandar Bashir Mohmand and PTI’s legal team Shah Faisal Uthmankhel and Qazi Anwar appeared before the court.
The ECP had filed a review petition at the high court against its December 26 decision which had suspended the ECP’s order and restored the PTI’s ‘bat’ election symbol till a final decision on the matter.
The ECP, in its order, had declared PTI’s intra-party polls “illegal” and stripped it of using the ‘bat’ symbol. Following its order, the former ruling party approached the PHC seeking to restore its party symbol ahead of the general elections slated for February 8.
In its petition, the ECP then requested the court to review the PTI’s intra-party elections and its decision related to the election symbol.
A day earlier, the court heard the arguments of the ECP’s counsel and then adjourned the hearing till today.
At the start of the proceedings on Wednesday, PTI’s lawyer Shah Faisal told Justice Ijaz that senior lawyer Advocate Qazi Anwar, who would give arguments in the case, was about to reach the court. “Please give us time,” the lawyer requested.
Accepting his request, the judge replied he would listen to Advocate Anwar’s arguments.
Later after his arrival in court, Advocate Anwar said that he, along with Barrister Gohar Khan, will represent the PTI in this case. “The political parties, in the court, said that they stand with the Election Commission,” said Anwar.
At this, Justice Khan said “we have learned from you that these things are baseless in the eyes of law as whatever happens outside the court has nothing to do with the hearing”. “Can the ECP approach the court against the high court’s ruling?” questioned PTI’s lawyer calling the electoral body’s petition incorrect.
Advocate Anwar said that the PHC announced its verdict on December 26, however, it has not yet been implemented. “Election Commission has not yet issued the intra-party election certificate on the website,” he added.
“Did your party file any contempt case in this matter?” asked Justice Khan.
Following this, the PTI’s counsel said that sidelining a party was not good for the ECP or the democracy. He said that the PTI wants the ECP to conduct free and fair elections.
The court then reserved the verdict after hearing arguments from both sides.
On December 2, the ECP had nullified Pakistan Tehreek-e-Insaf’s intra-party elections, for the third time since last year, declaring the PTI ineligible for obtaining its traditional electoral symbol of ‘bat’.
In its verdict, the ECP said, “So keeping in view the clear mandate of Elections Act 2017 – it is held that PTI has not complied with our directions rendered therein order dated 23rd November, 2023 and failed to hold intra-party election in accordance with PTI prevailing Constitution 2019 and Elections Act 2017, and Election Rules, 2017. Therefore, the certificate dated 4th December, 2023 and Form-65 filed by the alleged chairman, is hereby regretted and rejected accordingly”.
PTI had challenged the ECP verdict in Peshawar High Court. NNI
