PHC declares 'bat' belongs to PTI
Pakistan
The PTI had moved the apex court against Election Commission of Pakistan’s decisions on two issues
PESHAWAR (Dunya News) – The Peshawar High Court (PHC) on Wednesday restored the decision to allow the embattled Pakistan Tehreek-i-Insaf (PTI) to have bat as its election symbol.
The decision means the court has undone the Election Commission of Pakistan's order stripping the PTI of bat.
The court announced the verdict moments after it reserved it on the Pakistan Tehreek-e-Insaf (PTI) petitions against rejection of intra-party elections by the ECP and withdrawal of bat as its election symbol.
Declaring as unconstitutional the ECP’s decision of revoking the ‘bat’ electoral symbol and rejecting its intra-party polls, the court directed the electoral body to hand the PTI its iconic ‘bat’ symbol back and upload the certificate of internal elections on its website.
“The PTI is entitled to ‘bat’ and should be given the same as its electoral symbol,” the PHC ruled.
The verdict was announced by the division bench, comprising Justice Ijaz Anwar and Justice Syed Arshad Ali, on a petition filed by PTI leader Barrister Gohar Ali and six other leaders requesting the court to declare the ECP order as illegal and without jurisdiction.
Justice Ijaz Anwar told PTI counsel Barrister Ali Zafar that Insha Allah, the case would be decided today and reserved judgement.
Barrister Zafar told the court that it was the last day today of hearings by the appellate tribunals decisions on appeals of acceptance and rejection of nomination papers.
THE HEARING
Earlier, the PHC continued hearing of the PTI petitions after the party withdrew its appeal from the Supreme Court. The PTI had moved the apex court against the Election Commission of Pakistan’s decisions on two issues.
At the outset of the hearing, Advocate Naveed Akhtar, the counsel for Jehangir from Charsadda, said that the matter was also fixed before the SC. Justice Anwar reminded him that the PTI had decided not to pursue the matter there and Barrister Zafar also reassured the court about the same.
Advocate Qazi Jawad, the counsel for Yousaf Ali, stated that his client had served as the party’s district secretary general and wanted to contest intra-party elections.
He argued that his client was refused when he wanted to get information from the PTI head office regarding intra-party elections. His client came to know about the internal elections from the media, he added.
Advocate Jawad said his client moved court seeking annulment of party elections as he wanted to contest polls.
Justice Anwar asked him why he did not demand that intra-party elections should be held again. If the ECP had annulled the intra-party elections, you should have called for re-elections, he added.
Moreover, if you were a member of the party, you should have objected to the withdrawal of the party symbol by the ECP, but you did not.
Justice Arshad Ali asked the lawyer that once the election schedule is released, how a party’s symbol can be withdrawn. Can a political party contest elections without its symbol?
Advocate Jawad argued that the PHC could only review provincial matters as the PTI polls were held countrywide.
Justice Anwar asked him whther he wanted the PTI should have approached all high courts.
Justice Ali wondered why a case could not be filed in the high court if the elections were also held in Peshawar.
The lawyer argued that the Lahore High Court had dismissed a petition. Justice Anwar reminded him that the LHC had said the matter was sub judice before the PHC, hence it could not interfere.
The judge asked if any intra-party polls had been held without an electoral symbol. Advocate Jawad replied that there had been “non-party elections and even if parties were dissolved, new ones were created.”
Justice Anwar replied that the said events had taken place during martial law.
He asked the counsel whether he thought the PTI should get its electoral symbol back, and he replied that he “supported action according to the law”.
After Advocate Jawad’s arguments, the court ordered a short break.
Later, the counsel for petitioners Raja Tariq and Noureen Farooq, Mian Azizuddin, argued that after the intra-party polls, a certificate was not submitted to the ECP by an authorised person.
He said his clients moved a petition against the intra-party polls, which was then sent to the ECP.
In his arguments, Akhtar, Jehangir’s counsel, said that his client had remained the district president and asserted that party officials were not appointed according to constitution, which was necessary.
He said that the ECP was supposed to be provided with an updated list of office-bearers. “An electoral symbol is also given to a party according to its credibility,” he said.
BARRISTER GOHAR HOPES TO GET BACK SYMBOL
Earlier, speaking to the media outside the court, PTI leader Barrister Gohar said that the PHC had stated that it might issue an order today.
“Keeping this in mind, the petition we had filed in the SC against the [PHC’s] interim order became infructuous […] Because the verdict in the main case is expected at any time today […] we have withdrawn the plea from the SC,” he said.
Barrister Gohar expressed the hope that the “verdict will be based on justice and rights and that we will get the ‘bat’ symbol.”
It may be recalled that on December 22, the ECP had withdrawn election symbol for the February 8 election, saying that the PTI had failed to hold intra-party elections in accordance with its existing constitution and election laws.
The PTI had approached the PHC against the ECP order on Dec 26 and a single-member bench restored the symbol of the party till January 9.
On Dec 30, the ECP had filed a review petition in the PHC, arguing that the court had overstepped its jurisdiction. Days later, a PHC judge overturned the earlier decision and restored the ECP order. Subsequently, the PTI moved the Supreme Court against the restoration of the ECP ruling.
More to follow
