'Bat' in or out: PHC adjourns hearing on ECP's review plea till Jan 3
Pakistan
The ECP filed a review petition against Justice Kamran Hayat’s decision on December 30
PESHAWAR (Dunya News) – The Peshawar High Court (PHC) will hear the Election Commission of Pakistan's (ECP) petition against single bench ruling on Pakistan Tehreek-e-Insaf's (PTI) intra-party polls and electoral 'bat' symbol on Wednesday.
Following the Dec 26 suspension of the ECP's directive and the reinstatement of the party's 'bat' symbol until a conclusive decision, the electoral body lodged a review petition at the high court, contesting the prior ruling.
Counsel for the ECP Sikander Mohmand submitted before Justice Ejaz Khan that the decision of PHC regarding suspension of the electoral body's verdict be withdrawn.
Justice Khan remarked that single bench would not decide the case as it was set before a division bench for January 9 and reserved the verdict. Later, the court announced the verdict and said it would hear the matter tomorrow.
It may be noted that the Justice Kamran Hayat had suspended the decision of the ECP regarding annulment of results of the PTI intra-party elections and withdrawal of its electoral symbol.
The court had ordered the ECP to issue the PTI intra-party election certificate on its website and also restore the party's electoral symbol ‘bat’.
The ECP filed a review petition against Justice Kamran Hayat’s decision on December 30.
THE PROCEEDINGS
At the outset of proceedings, Justice Khan questioned Advocate Mohmand was there any precedence that the Supreme Court has observed that a high court order applies to the entire country when he requested for suspension of the PHC decision.
The counsel submitted that the Supreme Court had suspended the decision of the Lahore High Court regarding a returning officer's observation.
Continuing his arguments, Advocate Mohmand said the PHC issued orders ex parte. Moreover, the PTI sought interim relief and a decision in one application, that was why he requested for suspension of the order.
Justice Khan asked the counsel where the petitioner in the case was, the lawyer replied he did not know.
Advocate Mohmand requested the court to suspend the PHC order till January 9 when the division bench would hear the case, but Justice Khan observed that the court would not issue a verdict and announced reserving his decision.
Also read: ECP moves Peshawar High Court for review of 'bat' verdict
After days of deliberations, the Election Commission of Pakistan (ECP) on Saturday finally challenged the verdict passed by a single member Peshawar High Court (PHC) bench, which allowed the PTI to contest the February 8 general elections on “bat” – the party symbol.
