PESHAWAR: The Peshawar High Court on Tuesday reserved its verdict on the review petition of the Election Commission (ECP) against the single-bench verdict on restoration of the Pakistan Tehreek-e-Insaf’s (PTI) electoral symbol.
As proceedings began on Tuesday, Advocate Sikander Mohmand, the Counsel for the ECP, submitted before Justice Ejaz Khan that the decision of PHC regarding suspension of the electoral body’s verdict be suspended.
Justice Khan remarked that single bench would not decide the case as it was set before a division bench for January 9 and reserved the verdict.
On December 22, the ECP had decided against letting PTI retain its iconic ‘bat’ symbol for the February 8 general election, saying that the party had failed to hold intra-party polls — which saw Barrister Gohar Khan becoming the PTI chairman — in accordance with its prevailing constitution and election laws.
Subsequently, the PTI had approached the PHC and Justice Kamran Hayat on December 30, had suspended the ECP’s declaration of the PTI’s intra-party polls as unconstitutional as well as the subsequent revocation of the party’s iconic symbol.
It had also noted that general elections were scheduled for February 8 and the last date for allotment of election symbols was January 13.
On Saturday, the ECP had filed a review petition in the PHC against the suspension of its decision to declare PTI’s intra-party polls as void and not let the party retain its ‘bat’ electoral symbol.
During hearing on the case, Justice Khan questioned Advocate Mohmand was there any precedence that the Supreme Court has observed that a high court order applies to the entire country when he requested for suspension of the PHC decision. The counsel replied that the Supreme Court had suspended the decision of the Lahore High Court regarding the appointment of returning officers from the bureaucracy.
Advocate Mohmand further argued the PHC had issued orders ex parte. Moreover, the PTI sought interim relief and a decision in one application, which was why he requested for suspension of the order. Justice Khan asked the ECP’s counsel where the petitioner in the case was, to which the lawyer replied that he did not know.
Advocate Mohmand requested the court to suspend the PHC order till January 9 when the division bench would hear the case, but Justice Khan observed that the court would not issue a verdict and announced reserved its decision.
