PESHAWAR: The Peshawar High Court (PHC) on Wednesday vacated a single-bench’s December 26 order and restored the Election Commission of Pakistan’s (ECP) December 22 order which had stripped the PTI of its electoral symbol ‘bat’.
A single-member bench comprising Justice Ejaz Khan announced the reserved verdict on a review plea filed by the Election Commission of Pakistan (ECP) against the single-member bench’s December 26 order.
Following the decision on Wednesday, the Pakistan Tehreek-e-Insaf (PTI) announced to approach Supreme Court (SC) against the Peshawar High Court (PHC) verdict, restoring Election Commission of Pakistan’s (ECP) order which had stripped the party of its electoral symbol ‘bat’.
Advocate Qazi Anwar and Barrister Gohar Khan represented the PTI while Sikandar Basheer Mohmand appeared on behalf of the ECP in the court.
On December 26, the Peshawar High Court’s single-judge bench announced the verdict on PTI’s petition challenging the ECP’s verdict, which had stripped PTI of using the ‘bat’ symbol.
The decision comes as a blow for the party which has been clamoring for a level playing field in the run-up to the general election.
In case a party fails to obtain an election symbol through a judicial intervention, its candidates have to contest for the national and provincial assemblies’ seats as independents. In that case, it would not be possible for them to join the PTI, even after winning the elections, because they can only join a party duly enlisted with the ECP.
‘Flawed decision reversed’
Speaking to Geo News, Pakistan Institute of Legislative Development and Transparency (Pildat) President Ahmed Bilal Mehboob said that the PHC’s original decision to suspend the ECP order was flawed.
“I thought it would be reversed, if not by the high courts then by the Supreme Court (SC) and that is what has happened,” he said.
At the same time, Mehboob expected the case to end up in the top court. “This is a very big decision. The PTI will suffer a huge setback and that is why the SC will finally decide it,” he said.
He said that keeping the facts of the case in mind, the PTI “showed haste” in conducting intra-party polls and did not properly conduct them. “If they had done so, then such a situation would not have arisen,” he said.
Hearing of the case
As proceedings started on Wednesday, PTI counsel Qazi Anwar stated that the ECP was not a judicial institution, adding that seeking court intervention for or against its own verdict constituted contempt of court.
He explained his absence in court yesterday, citing delays caused by security personnel stopping his vehicle at four different points. Anwar reflected on the changed circumstances today, stating, “During the tenures of Gen Ziaul Haq and Gen Pervez Musharraf, no one bothered my family, but I cannot say the same about the current situation.”
Justice Khan said the court had nothing to do with what was happening outside the court.
The PTI counsel inquired about the ECP’s authority to challenge a high court order. He pointed out that the ECP had not yet issued a certificate for PTI’s intra-party polls and expressed concern about the approaching deadline of January 9.
Anwar further questioned the ECP, seeking an explanation for the rejection of nomination papers for PTI candidates. In response, the judge affirmed, “We will ask them [the commission] about it.”
Anwar went on to claim that all parties, except the PPP, hatched a conspiracy to keep the PTI out of the electoral battle. He further asserted that the Constitution mandated free and fair elections.
For his part, the ECP lawyer noted that the PTI had secured a stay order against the commission’s verdict. “We have the authority to file a writ,” he said.
He clarified that the ECP did not delist any party, adding that while the PTI remained a listed party, it failed to conduct elections in accordance with the rules.
Explaining the decision to nullify the intra-party polls, the ECP counsel informed the court that the polls were declared null and void because “they were not according to the Constitution”.
After listening to the arguments, the court reserved its verdict.
PTI to move SC for “bat” symbol after PHC order
The Pakistan Tehreek-e-Insaf (PTI) on Wednesday announced to approach Supreme Court (SC) against the Peshawar High Court (PHC) verdict, restoring Election Commission of Pakistan’s (ECP) order which had stripped the party of its electoral symbol ‘bat’.
Talking to journalists outside Peshwar High Court, PTI Chairman Barrister Gohar Khan dubbed the PHC’s verdict “biggest reflection of the ECP’s biasness”, saying that it has decided to approach Supreme Court (SC) against the today’s order.
Gohar Khan questioned over the “legitimacy of election” after the ECP deemed the PTI’s intra-party polls “unconstitutional” and revoked the party’s iconic ‘bat’ electoral symbol. “If you take away the ‘bat’, the world will not recognise your election,” he said.
He said that the electoral watchdog was “chasing the case” like it had never done so in the past, urging the Supreme Court (SC) to “do us this kindness and listen to us.”
Meanwhile, the PTI chief also said that his party would not boycott the election. “We will boycott [the polls] under any circumstances,” he said, adding: “We will urge the SC — the ‘bat’ is not necessary, give us some other symbol.
“If the Supreme Court does not restore the bat, all the PTI candidates would the contest elections independently,” he added.
