PESHAWAR: In a major development, the Peshawar High Court (PHC) on Tuesday suspended the decision of the Election Commission of Pakistan (ECP) regarding the intra-party election and withdrawal of the electoral symbol ‘bat’ of Pakistan Tehrek-e-Insaf (PTI) ahead of the upcoming general elections 2024. PHC announced the decision during the hearing of a petition submitted by the PTI lawyers against the decision of the ECP.
The High Court maintained in its verdict that the decision of the ECP would remain suspended till the completion of the arguments, followed by a final decision on the case.
The Hearing at PHC
Earlier, during the hearing, PHC judge Justice Kamran Hayat Miankhel stated in his remarks that the ECP would have to allot the electoral symbol to the party as it couldn’t take such a step at the eleventh hour and after the issuance of the election schedule.
Presenting his arguments during the hearing, PTI lawyer Ali Zafar said that they had just 20 days to hold party elections, as they conducted the election on December 3 in Peshawar.
PTI lawyers were of the view that the ECP withdrew the iconic symbol while having some superficial arguments regarding the election.
Barrister Zafar further said that the election symbol was an integral part of Article 17 of the constitution, adding that the ECP did not enjoy the authority to quash the election of party officials.
The Petition
In its petition, the PTI lawyers argued that the ECP had no authority to decide the procedure for intra-party elections, adding that the complainant who challenged the election was not a party member.
The PTI requested the apex court to withdraw and declare the ECP decision as null and void, having no lawful authority, and termed it as illegal and, as a consequence, should be set aside.
It is worth mentioning here that an ex-PTI member and one of the party founders, Akbar S Babar, rejected the intra-party polls and moved to the ECP against it.
Political analyst Mazhar Abbas had told Geo News that the election commission has “never” declared any political party’s internal polls unlawful, noting that it seems like the PTI is “under attack”.
PTI Lawyers’ Reaction Over Decision
While talking to the media after the hearing, PTI Chairman Barrister Gohar termed the decision as historic and showed his full confidence in the judiciary. Barrister Ali Zafar, in his remarks, said that the symbol of the bat was a due right of the party, and they deserved to contest polls with the same symbol.
