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PHC hearing PTI plea for restoration of electoral symbol ‘bat’
PESHAWAR: Barrister Ali Zafar, the counsel for Pakistan Tehreek-e-Insaf (PTI), informed the Peshawar High Court (PHC) on Tuesday that his party’s elections adhered to the constitutional norms.
This statement was made during the hearing of PTI’s writ petition challenging the Election Commission of Pakistan’s (ECP) decision to nullify the intra-party election and revoke the party’s symbol, the ‘bat,’ associated with its founder, Imran Khan’s cricketing past.
The Election Commission’s decision, prompted by a petition from former PTI member Akbar S Babar, led to the stripping of the party’s iconic electoral symbol and the declaration of its intra-party elections as unlawful. PTI contested this decision, securing a stay against the ECP order, thereby restoring the bat symbol until a final decision on the petition.
During the hearing, the court issued a notice to the ECP, directing it to upload certificates related to PTI’s intra-party elections on its website. The court scheduled the petition hearing by a double bench for January 9.
However, the ECP filed a review petition on December 30, leading the court to restore its December 22 order and withdraw the interim relief granted to PTI. Subsequently, PTI approached the Supreme Court against the restoration of the ECP ruling, with a hearing set for January 11.
In today’s PHC hearing, Barrister Zafar emphasized that PTI conducted its party elections in accordance with the Constitution. He highlighted the ECP’s declaration of the elections as null and void, demanding a re-election within 20 days.
The lawyer argued that PTI complied with the electoral body’s decision and submitted Form 65.
The court expressed displeasure over the delayed arrival of PTI counsels due to fog, and Barrister Gohar Khan clarified that other parties were not involved in the case. The judges questioned why PTI insisted on the bat symbol for the upcoming elections on February 8.
Barrister Zafar explained that the election symbol is crucial for identifying political parties, and PTI has used the bat as its symbol in the last two elections.
Barrister Zafar maintained that the ECP lacks the authority to ban intra-party elections and cannot interfere in a party’s internal appointments. He argued that the ECP is a constitutional body but not a court, citing judgments that affirm its non-judicial nature.
The lawyer asserted that objections were raised over those who organized the elections, not the election process itself.
Zafar contended that the ECP cannot declare intra-party elections null and void, emphasizing that it does not have the authority to interfere in a party’s internal affairs. He argued that the ECP is obligated to issue a certificate within seven days and does not possess the power to withdraw an election symbol.
The counsel concluded that intra-party elections are civil disputes, and the ECP cannot intervene in such matters.
Justice Arshad asked if there was any opposition candidate for the chairmanship in the intra-party election, to which Barrister Zafar replied in the negative, alleging open discrimination against PTI.
The court adjourned the hearing for 30 minutes.
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