- Electoral watchdog claims high court’s order was ‘beyond its territorial jurisdiction’
PESHAWAR: The Election Commission of Pakistan (ECP) on Saturday moved the Peshawar High Court (PHC), seeking review of its decision on suspension of the commission’s decision to not let the PTI retain “bat” as its electoral symbol for the February 8 general election.
On December 26, the PHC announced the verdict on PTI’s petition challenging the ECP’s verdict, which had stripped PTI of its iconic electoral symbol ‘bat.’
The ECP filed the review petition in the high court, arguing that its verdict was “against the law as well as against the dictum laid down by the Supreme Court.
“The constitution unambiguously vests the powers and jurisdiction in the commission to make factual determinations in regard to subject matters of writ petition,” the petition reads.
The ECP, in its petition, stated that the high court’s powers were limited to its territorial jurisdiction whereas the PTI’s election symbol was to be allocated across the country.
On the basis of that argument, the ECP claimed, the PHC’s order was “beyond [its] territorial jurisdiction”.
The commission urged the high court to constitute a special bench to hear its review petition at its earliest as the “matter pertains to the national interest”.
The ECP in its petition requested the court to review the PTI’s intra-party elections and its decision related to the electoral symbol.
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’s intraparty elections, in which Barrister Gohar Khan was elected as chairman of the party, were held on December 2.
The polls had drawn a sharp criticism as estranged PTI founding member Akbar S. Babar announced that he would challenge the entire process. He had alleged that the PTI had carried out a selection process aimed at throwing out party workers to give the reins to a few lawyers.
Speaking to the media outside the court, PTI counsel advocate Moazzam Butt said the ECP’s decision was deficient and reflected the intention that it did not want to conduct free and fair elections.
“I am surprised at the mockery they’re making of the courts,” Butt said.
The Chief Justice of the high court is being threatened within the court, Butt said. He added that police have been stationed outside the high court as well.
