The Peshawar High Court (PHC) has reinstated the Election Commission of Pakistan’s (ECP) December 22 order, revoking the Pakistan Tehreek-e-Insaf (PTI) party’s iconic ‘bat’ electoral symbol and deeming the PTI’s intra-party polls “unconstitutional.” The verdict, announced by Justice Ejaz Khan, came as a blow for the party, which has alleged it is not being provided a level playing field in the run-up to the general election.
The PHC’s decision means that if the PTI fails to obtain an election symbol through a judicial intervention, its candidates will have to contest for national and provincial assembly seats as independents. In that case, they will not be able to join the PTI even after winning the elections, as they can only join a party registered with the ECP.
The PTI has stated it will approach the Supreme Court against the PHC’s verdict. The ECP had previously declared the PTI’s intra-party polls as unconstitutional and revoked the ‘bat’ symbol on December 22, leading the PTI to approach the PHC. On December 26, the PHC had suspended the ECP’s declaration as well as the revocation of the ‘bat’ symbol until January 9, noting that general elections were scheduled for February 8.
On Saturday, the ECP filed a review petition in the PHC, arguing that the court had overstepped its jurisdiction by suspending the commission’s declaration on the PTI’s intra-party polls and the subsequent revocation of its election symbol.
PTI’s Barrister Gohar Khan has announced the party’s intention to approach the SC against the decision, claiming that it was a reflection of bias on the part of the ECP. He also urged the SC to listen to the party’s appeal against the verdict.
PTI President Ahmed Bilal Mehboob has expressed the need for the PTI to appeal in the Supreme Court, stating that the PHC’s original decision was flawed and will be decided by the top court. He also suggested that the PTI had shown haste in conducting the intra-party polls, and this had led to the situation.
During the hearing, the ECP argued that the PTI has failed to conduct elections in accordance with the rules and stated that the polls were declared null and void because “they were not according to the Constitution.” The court reserved its verdict after hearing the arguments.
The ECP has filed two applications in the high court, requesting the court to accept its plea and recall the interim relief granted to the PTI by a single-member bench on Dec 26. It has also sought the formation of a two-member special bench to hear the matter, arguing that the case is within the commission’s purview and generally not subject to judicial review under Article 199.