PHC’s Verdict: Unconstitutional Decision Revoked Ahead of General Elections
In a significant move, the Peshawar High Court (PHC) declared the Election Commission of Pakistan’s decision to revoke PTI’s ‘bat’ electoral symbol and reject its intra-party polls as unconstitutional. The court directed the electoral body to return PTI its iconic ‘bat’ electoral symbol and upload the party’s certificate of internal elections on its website.
This decision comes after PTI withdrew its appeal from the Supreme Court seeking the restoration of its electoral symbol earlier. The Election Commission of Pakistan had revoked PTI’s electoral symbol for the February 8 election, citing failure to hold intra-party polls according to its prevailing constitution and election laws.
The PTI approached the PHC against the ECP order and a single-member bench restored the electoral symbol of the party till January 9. However, the high court later 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.
During the PHC hearing, arguments were presented by the lawyers representing the PTI and the ECP for almost five hours before the bench adjourned the hearing. The PHC’s Justice Ejaz Anwar and Justice Syed Arshad Ali presided over the hearing.
The 15 respondents in the case comprise the ECP, Akbar S. Babar, Noureen Farooq Khan, Raja Tahir Nawaz Abbasi, Mehmood Ahmed Khan, Advocate Sabah Zahid, Raja Hamid Zaman Kiani, Muhammad Shah Fahad, Muhammad Muzammil Sandhu, Yousaf Ali, Bilal Azhar Rana, Jehangir Khan, Sardar Niaz Ahmad, Talib Hussain alias Chaudhry Tanveer, and Shahid Yaqoob.
Advocate Naveed Akhtar, the counsel for Jehangir from Charsadda, argued before the PHC that the matter was also fixed for hearing before the Supreme Court but it was later withdrawn. Jawwad, the counsel for Yousaf Ali, pointed out that his client had served as the party’s district secretary general and wanted to contest the upcoming general elections but was not given the chance. However, he was requested to present evidence and the hearing was adjourned.
After a short break, the court heard the arguments of private parties in the case and reserved the verdict, stating that it would be announced later today.
Ultimately, the PTI withdrew its petition before the SC, with PTI leader Barrister Gohar stating that the PHC would issue the final verdict soon. Meanwhile, Babar, the party’s estranged founding member, lamented the PHC’s failure to issue notices to “five important respondents” and stated that the ECP had “full authority” to make decisions regarding political parties.
More to follow.