Peshawar High Court suspends Election Commission’s order depriving PTI of its bat symbol n Court suspends ECP decision about PTI’s intra-polls n Orders to issue notices to all respondents for January 9 hearing n Judiciary has restored confidence of nation: PTI.
PESHAWAR - The Peshawar High Court (PHC) on Tuesday suspended the Election Commission of Pakistan’s (ECP) decision of declaring the PTI’s intra-party polls as unconstitutional and the revocation of its election symbol ‘bat’ till the final verdict on its petition.
The move appears to be big relief for the jailed ex-PM Imran Khan in advance of national elections
The single-member bench comprising Justice Kamran Hayat Miankhel announced the verdict which it had reserved on the petition of Pakistan Tehreek-e-Insaf against the ECP’s decision earlier in the day.
During the course of proceedings, Justice Miankhel observed that the general elections were about to take place on February 8, 2024, and that the last date for allotting the election symbols was January 13.
He said that the arguments of all the parties involved in the case were heard. PTI lawyers including Barrister Ali Zafar pleaded that the intra-party polls were carried out on the orders of the ECP and the latter’s December 22 decision might be declared illegal. They argued that according to the Constitution, any citizen could form a party or be a member of any party.
Judge Miankhel directed that notices be issued to the ECP and other respondents in the case.
It may be mentioned that the ECP on December 22 declared the intra-party elections of the PTI null and void, besides revocation of its election symbol ‘bat.
In its written verdict, the PHC stated: “After hearing the arguments from both sides, this court reached a conclusion that as elections are scheduled to be held on February 8 and the last date for allotment of election symbols is January 13, 2024, so keeping in view the urgency, that a political party has been denuded of its symbol, meaning thereby that aspirants from the general public who were willing to vote for petitioners’ party were divested of their right to vote as per their choice.” The PHC remarked that depriving a political party of an electoral symbol is a violation of the rights of the voters and suspended the December 22 order of the ECP. The court ordered the electoral watchdog to restore the PTI’s election symbol “bat”. The ECP was also directed to upload certificates containing PTI intra-party elections on its website by January 9.
The court also ordered to give notices to all the respondents for January 9 and adjourned the hearing.
Reacting to the development, PTI’s Barrister Gohar Ali Khan said the PHC’s ruling “put the final nail in conspirators’ coffin”. He said that the conspiracies against the PTI failed after the PHC ruling today. “The PTI was being cornered and the suspension of the ECP’s verdict was necessary,” he added.
He said that the judiciary has not only restored the election symbol but it also regained the confidence of the nation. The court has reviewed the entire set of regulations and suspended the ECP’s order, he added.
He urged the ECP to immediately publish the certificate of the PTI on its website in the interest of justice to restore its election symbol and take effective steps to hold a fair election. Barrister Khan also expressed hopes that the ECP order declaring the PTI’s intra-party polls and election symbol will be nullified in the next hearing.