Powers to withdraw electoral symbols from parties rest with ECP, LHC rules

LAHORE: The Lahore High Court on Saturday ruled that the right to withdraw electoral symbols from political parties rested with the Election Commission, declaring Section 215 of the Election Act, 2017 as consistent with the Constitution.

LHC’s Justice Shahid Bilal Hasan issued in written decision while dismissing a petition challenging the ECP’s authority to withdraw electoral symbols. The court ruled that Section 215 of the Election Act 2017, was consistent with the Constitution, which vested the powers in the ECP.

The 18-page judgment highlighted that Section 215 aligns with various constitutional articles, including Articles 17, 9, and 14, and was incorporated in the Election Act 2017 to empower the Election Commission.

The Lahore High Court emphasized that political parties must adhere to the Constitution and the Election Act. The legal provisions governing intra-party elections are specified in Section 209 and 210 of the Election Act, 2017. The petitioner, citing the constitutionality concern, sought the repeal of Section 215 of the Election Act, 2017.

The court declared in the verdict that according to petitioner ECP’s power to snatch election symbol was in contravention with the Constitution. The petitioner prayed to the court to declare Section 215 of the election act as null and void.

It’s noteworthy that the application challenging the Election Commission’s authority to withdraw electoral symbols from political parties was filed in the Lahore High Court by citizen Mian Shabbir Ismail.

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