- Party ordered to re-conduct intra-party polls within 20 days to retain bat as poll symbol
- Ruling says party still eligible to obtain an electoral symbol for upcoming general elections
ISLAMABAD: The Election Commission of Pakistan (ECP) on Thursday declared Pakistan Tehreek-e-Insaf’s (PTI) intra-party elections null and void, ordering the party to re-conduct intra-party elections within 20 days to retain bat as its poll symbol.
The electoral watchdog announced its reserved verdict on the PTI intra-party elections case on Thursday whereby it said that PTI failed to conduct fair intra-party elections. The party should conduct the re-election within 20 days of the decision and should submit a report to the ECP within seven days after the elections”, it added.
Despite declaring the intra-party elections null and void, the ECP ruled that PTI is still eligible to obtain an election symbol for the upcoming general elections scheduled to be held on February 8 next year.
PTI leaders have expressed concerns about the ECP’s decision. Justice Ali Zafar, a PTI leader, said that the party is “disappointed” with the decision and will appeal it to the Supreme Court. Another PTI leader, said that the ECP’s decision is “unfair” and that the party will “fight this decision to the end.”
پاکستان تحریک انصاف کا الیکشن کمیشن آف پاکستان کے انٹرا پارٹی انتخابات کالعدم قرار دینے کے فیصلے پر ردعمل:#ووٹ_سے_لیں_گے_انتقام pic.twitter.com/8fs7eyT3O2
— PTI (@PTIofficial) November 23, 2023
The written verdict stated: “We are confirmed in our views that the respondent party failed to hold, transparent just and fair intra-party election in accordance with its prevailing constitution 2019 allegedly held on 10-06-2022, which is highly disputed/objectionable, which could not be accepted at all.”
The order said that instead of invoking section 215(5) (eligibility of party to obtain election symbol) of the Elections Act 2017, the ECP was taking a “lenient view” by directing it to hold the intra-party polls “strictly in accordance with the prevailing party constitution, within 20 days positively”.
“Its result along with all the required documents, including Form 65, shall be submitted thereafter the election within seven days before the commission,” it added.
The verdict then warned that in case of failure to hold the polls, the PTI would “suffer the penal consequences of Section 215(5) of the Elections Act 2017 accordingly and would be ineligible to obtain an election symbol for election to Majlis-e-Shoora (Parliament), etc”.
The ECP highlighted that the documents provided by the chief election commissioner had “made the alleged intra-party election highly objectionable [and] dubious”.
It added there was a “glaring, un-explained contradiction, in regard to holding of intra-party election, as to whether the same was held” on June 8, 2022 or June 9 or June 10 that year.
In August last, the ECP had given the PTI a final chance for the intra-party polls, warning that upon failure, it could be declared ineligible to obtain an election symbol.
It had stated that the elections were due on June 13, 2021 under the party’s constitution but a year’s extension had been granted.
Barrister Gohar Ali Khan, representing the PTI, had said the party elections were held before an amendment to its constitution. However, the CEC claimed that the PTI amended its constitution on June 8, 2022 and conducted intra-party polls on June 10, 2022. Khan had also said the amendment in the party constitution was later withdrawn.
The polls organising authority had said it issued a final notice to the PTI in May 2022 to ensure the conduct of intra-party elections “on or before June 13, 2022 (extended date), with the observation that no further extension shall be allowed”.
Subsequently, the PTI submitted a copy of the amended party’s constitution that was deemed “insufficient” by the electoral body.
In October, the ECP had reserved its verdict on the maintainability of a petition by the Istehkam-i-Pakistan Party seeking to take away PTI’s ‘bat’ electoral symbol.
Days later, the PTI formally appealed to the electoral body to immediately issue a detailed written order regarding the intra-party elections and poll symbol allocation. The PTI had claimed that the ECP had accepted there had been a misunderstanding and that the elections were held on June 9, 2022.
A four-member commission, headed by Nisar Ahmed Durrani and including Shah Mohammad Jatoi, Babar Hassan Bharwana, and Justice (rtd) Ikramullah Khan, had presided over the proceedings of the case.
PTI counsel ‘upset’ at verdict
Barrister Khan said he was “extremely upset” by today’s verdict, adding that the requirements of justice were not met.
الیکشن کمیشن کے آج کے آرڈر سے بہت افسوس ہوا انصاف کے تقاضے پورے نہیں کئیے گئے پی ٹی آئی کے انٹرا پارٹی کے الیکشن آئین اور قانون کے مطابق ہوئے تھے: @BarristerGohar کی الیکشن کمیشن میں گفتگو #ووٹ_سے_لیں_گے_انتقام pic.twitter.com/6f4riJDfwa
— PTI (@PTIofficial) November 23, 2023
Speaking to the media outside the ECP office in Islamabad today, he claimed the verdict had been delayed for a “special purpose”.
The lawyer said the ECP’s notice had not stated that the intra-party elections were not according to the PTI’s constitution. Instead, Khan asserted, the notice was about the polls’ documentation being incomplete.
Khan added that the polls were held correctly and in an open manner, along with complete documentation. He said he would challenge the order before the relevant forums.
The lawyer expressed “satisfaction” that according to today’s verdict, the bat was “our (PTI’s) symbol, it still is and it will remain on the ballot paper”.
PTI petition
Submitted through Barrister Ali Zafar, the PTI had said the ECP had accepted that on March 28 some misunderstanding had led to the passing of the order as to whether the party’s August 2022 constitution had been withdrawn or the intra-party election.
It said that after a hearing and submission of affidavits, the ECP had accepted that only the constitution of August 2022 had been withdrawn.
It further said the intra-party elections of PTI were duly held on June 9, 2022, in pursuance of the party’s 2019 constitution, amended up to June 8, 2022.
This was why when the matter came up for a final hearing on Aug 30 this year, “the ECP accepted PTI’s submissions and orally announced its decision that the elections were duly held on June 9, 2022, and, therefore, the matter stood resolved”, the application had said.
“This was also widely reported in the media. The matter hence stood finally concluded on Aug 30, 2023, and it was only observed that a detailed order will be issued soon in this regard,” it had stated.
It had noted that after the announcement of the oral order, more than 41 days have passed but no order has been provided.
