PESHAWAR: What is being described as major relief for the embattled PTI in the run-up Feb 8 general elections, the Peshawar High Court (PHC) on Wednesday declared as “illegal” the Election Commission of Pakistan’s (ECP) decision to revoke the PTI’s ‘bat’ electoral symbol and reject its intra-party polls.
In the short order, the PHC said that the ECP order was “illegal, without any lawful authority and of no legal effect”.
The court directed the ECP to publish the certificate filed by the PTI following internal polls on its website. “It is further held and declared that the PTI is entitled to the election symbol strictly in terms of Sections 215 and 217 read with any other enabling provision of the Election Act, 2017 and Election Rules, 2017,” it said.
The verdict, which was reserved earlier in the day, was announced by a two-member bench comprising Justice Ejaz Anwar and Justice Syed Arshad Ali on a petition jointly filed by PTI Chairman Gohar Khan and six other leaders requesting the court to declare the ECP order as illegal and without jurisdiction.
On December 22, the election commission had decided against letting PTI retain its electoral symbol for the February 8 election, saying that it had failed to hold intra-party polls in accordance with its prevailing constitution and election laws.
پشاور ہائیکورٹ میں پی ٹی آئی کا جشن
انتخابی نشان بلا 🏏 سب کو مبارک#ساڈا_بلا_بھاری_ہے pic.twitter.com/ApYHjDLPEC
— Ahmed Janjua (@AhmedWJanjua) January 10, 2024
The PTI had approached the PHC against the ECP order on Dec 26 and a single-member bench restored the electoral symbol of the party till January 9.
On Dec 30, the electoral watchdog had filed a review petition in the PHC, arguing that the court had overstepped its jurisdiction. Days later, in a major blow for the PTI, the high court had restored the ECP order, stripping the party of its symbol again.
Subsequently, the PTI moved the Supreme Court against the restoration of the ECP ruling. However, the party withdrew the appeal earlier today as the matter was already being heard by the PHC.
PTI confident of victory in polls
Speaking to the media after the PHC verdicts, PTI Senator Ali Zafar congratulated the nation and said the court had upheld its practice of taking decisions on the basis of justice and law.
“The court has declared as unconstitutional the ECP’s Dec 22 order under which the electoral body had illegally snatched our symbol, and directed that the ‘bat’ be returned to the PTI,” he said.
الحمد اللہ آج تحریک انصاف کو بلے کا نشان واپس مل گیا ہے اب تحریک انصاف کو الیکشن جیتنے سے کوئی نہیں روک سکتا- بیرسٹر علی ظفر#ساڈا_بلا_بھاری_ہے pic.twitter.com/Ck9WYTRXmC
— PTI (@PTIofficial) January 10, 2024
“After this, no one can stop the PTI from winning elections,” Zafar asserted.
The lawyer said that neither the Elections Act nor the Constitution empowered the ECP to revoke any political party’s symbol.
“Article 17 [of the Constitution] says that an electoral symbol cannot be taken from any party because it renders the party redundant,” he highlighted.
He lamented that the ECP had become an opponent of the PTI but asserted that the party was ready to face whatever may come. “The entire nation was praying and waiting for this verdict. Today we thank them for their support,” he said.
Barrister Ali stated that some people, who had claimed to be “members of the party”, wanted the ‘bat’ symbol to be revoked. “But after today’s verdict, all other things have become infructuous,” he said.
The senator further stated that if the ECP failed to restore the ‘bat’ symbol on its website in 15 minutes, then it would amount to contempt of court. “Neither the court nor the nation would tolerate this,” he said.
Senior PTI leader Barrister Gohar Khan termed the PHC verdict “historic”. Speaking to the media in Rawalpindi, he said that the ‘bat’ was more than just an electoral symbol.
According to Khan, the PHC’s verdict was a crucial step in ensuring free and fair polls. He criticised the ECP, claiming it attempted to thwart the PTI on all fronts, which had resulted in denying the party’s right to retain its symbol and potentially losing 227 reserved seats.
Khan highlighted the potential consequences, saying that 807 PTI candidates for general seats would have been forced to contest polls as independents, which would have lead to corruption.
He argued that no constitution permitted the withdrawal of an electoral symbol from any political party and insisted that only the PTI was being targeted.
As arguments of private parties in the case concluded, PTI lawyer Ali Zafar again came to the rostrum to give his closing remarks.
He contended that the ECP’s decision to revoke the party’s electoral symbol could be challenged in any high court. However, polls were conducted in KP and PTI Secretary General Omar Ayub Khan also hailed from the region, he said. He further said that the PTI had also formed the government twice in KP.
He contended that it was not appropriate to say that the ECP’s orders could only be challenged in Islamabad, since that is where the commission’s office was located.
When Zafar wrapped up, the court asked the ECP lawyer whether he wished to make further submissions. Justice Ali pointed out that Section 215 of the Election Act did not make any mention of intra-party polls and asked the ECP how it came to the conclusion for issuing the order.
ECP counsel Sikandar Mohmand said that Section 215 was applicable only when there was jurisdiction, which the ECP had. “Therefore, the application has to be rejected,” he said.
“So you are saying that under Section 208, an election will happen but only according to a party’s constitution?” Justice Anwar asked. He also pointed out that according to the ECP, the PTI was not issued a show-cause notice.
After hearing all the arguments, the court reserved the verdict, saying that it would be announced later today.
PTI withdraws plea from SC
Earlier, the PTI withdrew its petition ahead of hearing by a three-member bench of Supreme Court.
Speaking to the media outside the SC after withdrawing the plea, PTI’s Barrister Gohar said that they expect the PHC to issue an order in the case today as they had heard the case all day yesterday.
“Keeping this in mind, the petition we had filed in the SC against the [PHC’s] interim order became infructuous […]. Because the verdict in the main case is expected at any time today […] we have withdrawn the plea from the SC,” Gohar said.
He said that the PHC would issue the final verdict, saying, “We hope that the verdict will be based on justice and rights and that we will get the ‘bat’ symbol.”
As the PTI withdrew its petition before the SC, Akbar S Babar, the party’s estranged founding member, lamented that the PHC had not issued notices to “five important respondents”.
Speaking outside the apex court, Babar said the parties would have presented evidence before the PHC of the “PTI’s fake intra-party polls” if they had been made respondents in the case, recalling that 14 petitioners did the same before the SC.
He asserted that the ECP had “full authority” to make decisions regarding political parties and that the electoral watchdog was “being prevented from fulfilling its duties instead of being strengthened”.
Babar said petitions were being filed before multiple high courts against the ECP and the “PTI leaders had been robbed of their rights” due to the “fake intra-party polls held in a closed room”.
He further said the PTI lawyers were considering the election commission a “post office” and asserted that there should be no interference in its functions.
“If we do not get justice, we will approach the Supreme Court,” Babar vowed, adding that there were documents stating that he was a PTI member. “If they want action against me, they may file a petition in court.
