A decision made by the Supreme Court on Saturday overturned the reinstatement of the “bat” as the electoral symbol for PTI by the Peshawar High Court (PHC). This means that PTI’s ticket holders will have to contest the elections as independent candidates. The PTI’s attempt to join the elections using the PTI-Nazriati splinter group’s symbol, the batsman, also faced a setback after the latter reneged on an agreement that would have allowed PTI candidates to stand in the elections with their symbol. The Supreme Court’s verdict was announced late at night after a marathon hearing that lasted for two days. The ECP had challenged the PHC’s decision to restore PTI’s election symbol. The ECP had initially decided against letting PTI retain its electoral symbol for the general elections, citing failure to hold intra-party polls as per prevailing constitution and election laws.
The apex court is expected to announce its verdict on the ECP’s appeal today as returning officers (ROs) are also set to allocate poll symbols to electoral candidates.
During the hearing, PTI counsel Hamid Khan and ECP lawyer Makhdoom Ali Khan were present in the courtroom.
The detailed order of the PHC restoring the PTI’s symbol has been the focus of debate, and it has been termed an “excellent decision” by the party counsel. However, the court is insisting on clarity and proof of the legitimacy of the party’s intra-party polls.
The ECP’s petition argued that the PHC’s order conflicted with previous Supreme Court rulings and undermined the fundamental purpose of certain sections of the Elections Act and Election Rules, which aim to foster democracy, pluralism, and transparency within political parties by ensuring timely intra-party elections. The petition also pointed out that the PHC’s order overlooked the fact that the Elections Act was enacted under a democratic government and led to the repeal of various election laws, some of which were established during times of extra-constitutional rule.
The ECP maintains that the high court’s decision effectively nullified key provisions of the Elections Act and Election Rules by restricting the ECP’s constitutional and statutory roles in regulating and supervising intra-party elections of political parties. This interpretation contradicted the principles established in previous superior court rulings, it said.