ISLAMABAD: The Supreme Court of Pakistan issued the detailed judgment on Thursday regarding the intra-party polls case of the Pakistan Tehreek-e-Insaf (PTI), highlighting the party leadership’s steadfast refusal to hold intra-party elections.
Chief Justice of Pakistan Qazi Faez Isa authored the comprehensive ruling, emphasising the pivotal role played by the party’s intransigence in depriving the PTI of its iconic electoral symbol, the ‘bat.’
On January 13, the apex court overturned the January 10 order of the Peshawar High Court (PHC) and upheld the decision of the Election Commission of Pakistan (ECP) to declare PTI intra-party elections as illegal. This decision dealt a significant blow to the former ruling party just weeks before the February 8 general elections, stripping it of its symbolic cricket bat.
The ECP’s decision to invalidate the PTI’s intra-party polls, held on December 2, came after hearing complaints from dissatisfied PTI members on December 22.
Challenging the ECP order, the PTI approached the PHC, which, earlier this month, declared the polls body’s decision as “illegal, without any lawful authority, and of no legal effect.” Subsequently, the ECP appealed to the Supreme Court against the PHC order. A three-member bench, led by Chief Justice Qazi Faez Isa and including Justice Muhammad Ali Mazhar and Justice Musarrat Hilali, issued a short order on January 13 after continuous three-day hearings.
The short verdict, authored by the Chief Justice, had emphasised that the mere production of a certificate by the PTI, stating the holding of intra-party elections, was insufficient to establish the actual occurrence of such elections, especially when challenged by some party members.
“As a consequence of not holding intra-party elections in PTI, it became ineligible to be allocated an election symbol. The sole responsibility lies with those running the affairs of the PTI, who opposed democracy within the party. Their unilateral and arbitrary takeover of the political party disregarded the stated 850,000 members of the PTI. By neglecting the fundamentals of democracy, specifically the absence of elections, the party suffered and became ineligible to receive its election symbol”.
“While minor violations should not deprive a political party of its symbol, neglecting intra-party elections constitutes a major violation of the law and the Constitution. Those in charge of the PTI adamantly refused to hold intra-party elections, and their intransigence alone resulted in the PTI losing its symbol. If intra-party elections had been conducted, the benefits outlined in the Elections Act, including the party retaining its symbols, would have ensued,” reads the detailed judgment issued on Thursday.
