- Five-page unanimous verdict says ‘it cannot be stated that ECP was victimizing PTI’
- It states the PTI’s petition filed in PHC was ‘not maintainable’
ISLAMABAD: Pakistan Tehreek-e-Insaf (PTI) suffered yet another blow, as the Supreme Court on Saturday declared the Peshawar High Court’s (PHC) January 10 order ‘null and void’, depriving the embattled party of electoral symbol ‘bat.’
The decision comes moments before the expiry of the deadline for allotment of electoral symbol, which was extended till midnight by the ECP earlier in the day.
In the unanimous verdict, the three-member bench, comprising Chief Justice of Pakistan Qazi Faiz Isa, Justice Muhammad Ali Mazhar and Justice Musarrat Hilali, declared that the PTI’s intra-party elections were unconstitutional. The court reserved the verdict after marathon hearing for two day, which was broadcast live on the apex court’s website.
CJP Faez Isa stated that the plea in Peshawar High Court was inadmissible as a single case cannot proceed in two High Courts at the same time.
The verdict said Pakistan Tehreek-e-Insaf (PTI) failed to present evidence of holding transparent intra-party elections as all political parties are bound to hold free and fair intra-party elections.
The apex court’s unanimous verdict came after hours of wait as Chief Justice of Pakistan (CJP) Qazi Faez Isa-led three-member bench decided to uphold the Election Commission of Pakistan’s (ECP) plea.
The top court allowed ECP’s petition by setting aside the high court’s ruling, and upheld the December 22 decision of the electoral body.
The five-page verdict stated that the apex court judges “do not agree with the learned judges [of the PHC] that the ECP did not have ‘any jurisdiction to question or adjudicate the intra-party elections of a political party.'”
It stated that accepting any such interpretation would render all provisions in the Election Act, 2017, that require the holding of intra party elections “illusory and of no consequence and be redundant”.
The verdict stated that since the ECP had been calling upon PTI to hold its intra-party elections since 24 May 2021, the time when the party was in power, “it cannot be stated that ECP was victimising PTI”.
In its reasoning for today’s verdict, the top court stated that the PTI’s petition filed in the PHC was “not maintainable” as it failed to disclose that another similar petition was pending before the five-member bench of the Lahore High Court (LHC).
The apex court underscored that although a petitioner “may elect to avail of his remedy before either court, but having chosen a particular court the same dispute cannot then be taken to the other court”.
It further stated that 14 PTI members, with stated credentials, had complained to ECP that the party’s internal elections had not been held, but PTI brushed aside these claims, saying that the complainants were not the party members.
“[…] this bare denial was insufficient, particularly when they [complainants] had credibly established their long association with PTI,” the verdict read.
“Democracy founded Pakistan, a fundamental aspect of which is the ability to put oneself forward as a candidate and to be able to vote, both within a political party and in general elections. Anything less would give rise to authoritarianism which may lead to dictatorship.”
Earlier, the court reserved the judgment after conclusion of arguments by all the parties. The court administration informed that the verdict will be announced at 9:30pm. However, the announcement was delayed and subsequently announced at 11:30pm.
Also, the verdict announcement coincided with the timeframe for allotment of electoral symbol, which was extended till midnight by the ECP earlier in the day.
In a statement, an ECP spokesperson indicated that the extension of the time limit was attributed to the anticipation of the Supreme Court’s decision.
Earlier during hearing, a senior member of the bench remarked that for a level playing field, PTI should have extended itself internally and conducted intra-party elections according to its constitution, which would have made it the most transparent party in the country.
The SC judge’s remarks came during the hearing of the Election Commission of Pakistan’s (ECP) petition challenging the Peshawar High Court’s (PHC) decision to restore the PTI’s ‘bat’ election symbol.
“You ask for a level playing field, you must also give one to your members,” Justice Muhammad Ali Mazhar remarked.
The proceedings of the case are being broadcast live on the SC website and YouTube channel.
Barrister Ali Zafar is representing the PTI in the case, while Makhdoom Ali Khan is ECP’s counsel.
Hearing earlier in the day
At the outset of the hearing today, Chief Justice Isa said that the Peshawar High Court had issued a detailed order restoring PTI’s electoral symbol. “The party’s counsel hailed it as an excellent decision,” he said.
Hamid then came to the rostrum, noting that today was the last day to submit the party tickets to the ECP so he would try to wrap up his arguments soon
Justice Mazhar raised two crucial questions whether the court’s jurisdiction and the ECP’s authority to investigate intra-party polls.
PTI’s lawyer, Zafar, argued that neither the Constitution nor the Elections Act 2017 granted the ECP the right to review intra-party elections.
Referring to Article 17 of the Constitution, he asserted that contesting elections with an electoral symbol was a political party’s right, accusing the ECP of discrimination.
Zafar contended that PTI’s intra-party elections adhered to the party’s constitution. “Despite responding to the ECP’s 32 questions in writing, the watchdog set aside the polls”.
Zafar claimed that none of the PTI members challenged the intra-party polls, stressing that the party complied with the 20-day timeframe set by the ECP to avoid exclusion from the elections.
Reiterating his stance on democracy, Chief Justice Isa emphasized the need for democracy within political parties and the country. He underscored the importance of verifying that intra-party elections were conducted, acknowledging Akbar S. Babar’s role within the PTI, even if disliked by the party.
CJP urged PTI’s counsel to either provide the full context for allegations of mala fide against the ECP or keep the arguments strictly legal.
“It should at least be seen that [intra-party] elections were conducted,” he said, adding that Akbar S. Babar was also a party member “even if disliked” by the party.
“Did we appoint them? You all appoint these people. We don’t appoint them,” he remarked, adding that the apex court could “force” the commission to perform its duties but “not take on their responsibilities”.
The CJP told the PTI counsel: “Substantiate if you are taking the angle of mala fide.”
Chief Justice Isa pressed the PTI counsel to substantiate claims of mala fide.
At this, the PTI counsel, Hamid, opted to keep arguments non-political when asked if he was withdrawing the mala fide allegations.
Previous hearing
The Supreme Court (SC) on Friday said regulating political parties is the job of the Election Commission of Pakistan.
These remarks were made by Chief Justice of Pakistan (CJP) Justice Qazi Faez Isa while hearing the Election Commission of Pakistan’s (ECP) appeal against the Peshawar High Court (PHC) verdict restoring the Pakistan Tehreek-e-Insaf’s (PTI) electoral symbol — bat.
“SC will not interfere in the domain of the Election Commission of Pakistan. However, if ECP commits any unconstitutional act then the court can look into it,” the CJP added.
PTI’s lawyer Hamid Khan in his remarks said the SC has clarified that no institution can file an appeal against the verdicts.
The ECP can file a review on appeals else there will be no worth of its decisions, the CJP remarked and added if the argument of PTI is accepted then questions will also be raised on its appeal in Peshawar High Court.
The CJP Isa asked Makhdoom whether the PHC’s written order had been issued or not, the latter replied that it had not been.
The lawyer then read out the PHC order that restored the PTI’s ‘bat’ symbol. He said that the ECP had not yet received “any notice” of the PHC order, to which the chief justice said, “I have not read the case file either.”
The top judge asked Makhdoom when he would be ready to present the case, at which the counsel urged the SC to adjourn the hearing till Monday. Makhdoom further said that the political parties would be allotted electoral symbols tomorrow.
The top judge observed that to adjourn the hearing till Monday, the PHC’s recent verdict would have to be suspended, adding that the apex court was ready to hear the case on Saturday and Sunday as well.
The ECP lawyer then sought time till tomorrow to prepare for the case.
PHC verdict
Pakistan Tehreek-e-Insaf (PTI) Wednesday got back ‘bat’ as its election symbol after the Peshawar High Court (PHC) nullified the Election Commission of Pakistan’s (ECP) order to strip the party of using the ‘bat’ symbol.
Pakistan Tehreek-e-Insaf moved Peshawar High Court to challenge the Election Commission of Pakistan’s (ECP) decision declaring the intra-party election as null and void and revoking their electoral symbol “bat”.
A two-member Peshawar High Court (PHC) bench comprising Justice Ijaz Anwar and Justice Arshad Ali announced the verdict.
