- Single-judge bench issues notices to all respondents for Jan 9
- ECP had given verdict as if it was an ‘opponent’ of PTI instead of a just arbitrator: Zafar
PESHAWAR: The Peshawar High Court on Tuesday, while fixing the Pakistan Tehreek-e-Insaf (PTI) intra-party election case for hearing, suspended the Election Commission of Pakistan (ECP) verdict which declared PTI’s intra-party elections as ‘unlawful’ and stripped the party of its ‘bat’ electoral symbol.
A single-judge bench of the PHC, in its order, directed that notices be issued to all respondents for Jan 9 and suspended the ECP’s December 22 verdict. The court also ordered the ECP to publish the PTI’s certificate on its website and restore the party’s election symbol “keeping in view the urgency, that a political party has been deprived of its symbol and subsequently will lead to confuse the public to their right to vote as per their choice”.
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.
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.
Earlier on Monday, the PTI filed a petition in the PHC against the Election Commission of Pakistan’s decision invalidating its internal elections and consequently barring the party from getting the ‘bat’ as electoral symbol.
PTI’s legal team, comprising Barrister Gohar Ali Khan, Barrister Ali Zafar and Shah Faisal Atmankhel, filed the petition against the Election Commission’s decision.
The PTI has prayed to the court, through the petition, that the ECP’s decision should be declared null and void.
Earlier, talking to media person outside Peshawar High Court, PTI leader Babar Awan said his party’s electoral symbol was bat which would remain with it in future too. He said PTI founder had been its chairman in past and would enjoy the same position 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 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.
Proceedings of the proceedings
As the single-judge started proceedings, Zafar highlighted that when a party provides its intra-party poll details to the ECP, the commission typically issues a certificate and posts it on its website.
“This certificate then renders the political party eligible to receive its electoral symbol.” However, Zafar argued that, as of now, the certificate has not yet been uploaded to the ECP website.
Zafar argued that the ECP’s directives were illegal, asserting that stripping the PTI of its electoral symbol was also unjust. “With over 0.8 million members, none from within the party raised concerns about the intra-party polls,” he conveyed to the court.
He also questioned the relevance of individuals approaching the ECP. “These are ordinary citizens, not affiliated with the PTI,” the lawyer contended.
He emphasised that judgments in such cases could not be given by civil courts without a proper trial. “The ECP stated that Omer Ayub is not the secretary-general, hence he cannot make any appointments,” Zafar remarked, adding that even if there were errors in appointments, the polls themselves could not be challenged.
The PTI had challenged the ECP order earlier in the day and urged the court to fix the matter for hearing at the earliest.
According to the petition, a copy of which is available with Dawn.com, the PTI said the ECP order was “without legal authority and jurisdiction”.
The party insisted that the ECP’s proceedings that questioned the PTI’s intra-party polls were “coram non-judice (without jurisdiction) and without lawful authority”.
It urged the court to direct the ECP to publish the results of the PTI’s intra-party polls on its website and restore the party’s symbol.
Election symbol is the life of any party: Ali Zafar
Talking to the media after the PHC verdict, PTI counsel Barrister Ali Zafar said the election symbol was the “life” of any party and a basic constitutional right of the organisation and its workers, supporters and voters.
پشاور ہائیکورٹ سے الیکشن کمیشن کے تحریک انصاف سے بلے کا نشان چھیننے کے فیصلے کی معطلی کے بعد چیئرمین پی ٹی آئی گوہر خان کی میڈیا سے گفتگو #فروری8_بلے_پہ_ٹھپہ #بلا_تو_ہوگا pic.twitter.com/Z7XK3uDLYp
— PTI (@PTIofficial) December 26, 2023
“Today the high court has upheld that basic right and declared that the ‘bat’ symbol belongs to the PTI and restored it.”
Zafar said the ECP had given its verdict in the case as if it was an “opponent” of the PTI instead of a just arbitrator and also questioned why the lawyers from parties or the government were present in today’s hearing. “It seemed that they were against the PTI together with the ECP,” he said.
Zafar said that the ECP should remain “independent and free”.
Meanwhile, Barrister Gohar Ali Khan said the PHC had undermined and eliminated the “conspiracy against the PTI, its symbol and its supporters” with its order. He added that the high court had restored the trust of the party and the nation in the judiciary.
“It seemed as if the ECP were against us, it did not feel as if they were fair,” PTI lawyer Ali Zafar said while speaking to the media outside the PHC alongside Gohar Khan, adding that a symbol is a fundamental right.
“The way lawyers from different parties were arguing in courts today, it seemed as if they were collaborating against PTI. One should not get this perspective, they should stay independent” he said.
Gohar said there was a “great need” for the suspension order since nomination papers for the general elections have been filed and the scrutiny process is under way.
Alhamdulillah, ECP order suspended, BAT as election symbol restored and ECP directed to publish our Certificate on its website. Now we shall go ahead with election preparation as we hope, Supreme Court will ensure holding of elections on time.
— Barrister Gohar Khan (@BarristerGohar) December 26, 2023
He said the PTI had sent its priority list and all the provinces accepted it other than Punjab, adding that the final list issued included all political parties other than the PTI.
The PTI chairman said the party would request the ECP to ensure elections were free, fair and transparent, adding that the party had always expressed confidence in the watchdog.
“Our trust was hurt, justice wasn’t done with us but we were discriminated against.”
‘We shall go ahead with election preparation now as SC to ensure free polls’
Pakistan Tehreek-e-Insaf (PTI) Chairman Barrister Gohar Khan has stated that we shall go ahead with election preparations after the Peshawar High Court’s (PHC) decision of restoration of PTI electoral symbol of “bat”.
Reacting to the PHC’s verdict suspending Election Commission of Pakistan’s (ECP) order regarding PTI electoral symbol “bat”, PTI Chairman said: “Alhamdulillah, ECP order has been suspended, bat as election symbol has been restored.”
Barrister Gohar has said that ECP has been directed to publish our Certificate on its website. “Now we shall go ahead with election preparation as we hope, Supreme Court will ensure holding of elections on time.”
Separately, Barrister Gohar Ali met the founder of Pakistan Tehreek-e-Insaf in jail and after consultation, he decided to file a petition in the Peshawar High Court, said the sources.
The ECP’s ruling, reached through an unprecedented scrutiny of a political party’s internal workings, deemed PTI ineligible for an election symbol in the forthcoming general elections.
Citing non-compliance with their directives and failure to conduct intra-party elections in accordance with PTI’s prevailing Constitution of 2019, the Election Act of 2017, and Election Rules of 2017, the ECP outlined its decision in an 11-page order issued on November 23, 2023.
The PTI denounced the decision as part of a purported “famous London Plan” and an endeavor to obstruct their electoral participation. They vowed to challenge the verdict at all possible platforms and affirmed their candidates’ intent to contest the elections using the ‘bat’ symbol.
