—— Party claims discrimination, plea maintains ECP decision ‘not backed by evidence’
ISLAMABAD: The Pakistan Tehreek-e-Insaf (PTI) approached the Supreme Court (SC) on Thursday against the Peshawar High Court’s (PHC) restoration of the electoral watchdog’s decision nullifying the party’s intra-party polls, and subsequently revoking the cricket bat as its electoral symbol.
Filed by party chairman Barrister Gohar Ali Khan, the plea seeks to have the PHC’s interim order annulled. The appeal maintains that the Election Commission of Pakistan’s (ECP) application was not admissible in the case, adding that the electoral watchdog cannot be a party to the case. It argues that the ECP’s decision was not backed by evidence.
According to the petitioner, the PHC also did not take into account the facts, and that the legal requirements were not fulfilled before the decision was announced. “Unlike other political parties, the PTI is being discriminated against,” the plea maintains.
In an informal talk at the SC premises, Barrister Gohar said that this was an important matter, as also mentioned in the ECP’s application.
“The time for scrutiny [of nomination papers] is running out, and tickets need to be distributed. We are trying to have the case listed for as soon as possible,” he said, adding that the party was hoping it will be able to contest elections on its known electoral symbol.
In a significant turn of events, the PHC a day earlier lifted the injunction it had placed on the ECP’s order against the PTI’s intra-party election and its electoral symbol of ‘cricket bat’ for the upcoming general elections.
The court accepted the ECP’s supplementary petition, saying that the injunction went beyond its defined limits and that the decision could impact elections across the country.
The latest PHC ruling effectively paves the way for the ECP to resume proceedings in the case and potentially proceed with its initial decisions. “For the purpose of decision of the instant application suffice it to observe that the order of this Court dated 26.12.2023 is liable to be recalled,” said the written order issued by Justice Muhammad Ijaz Khan at the end of the hearing.
Giving reasons for the court order, the judge said that, firstly, the order was ad-interim ex-parte order as it was passed without providing any opportunity of hearing to the ECP and secondly, the interim order, prima facie amounted to the granting final relief for all legal, factual and practical purposes. “Thirdly while passing the said order, an aspect of its effectiveness beyond the territorial jurisdiction of this Court was not taken into consideration; and fourthly as under the election laws the whole exercise of holding and conducting an election… is a time bound exercise,” the order continued.
On December 22, the ECP invalidated the PTI’s internal elections, resulting in the withdrawal of the party’s iconic ‘cricket bat’ symbol.
“So keeping in view, the clear mandate of Elections Act, 2017 read with PTI constitution 2019, it is held that PTI has not complied with our directions rendered therein order dated 23rd November, 2023 and failed to hold intra-party election in accordance with [the] PTI prevailing constitution, 2019 and Election Act, 2017, and Election Rules, 2017,” the ECP’s written order read.
“Therefore, the certificate dated 4th December, 2023 and Form-65 filed by the alleged chairman, is hereby regretted and rejected accordingly. The provisions of Section 215 of the Election Act, 2017 are hereby invoked and PTI is hereby declared ineligible to obtain the election symbol for which they have applied for,” it added.
In the intra-party elections held earlier this month on the ECP’s order, Barrister Gohar Ali Khan was elected the PTI’s new chairman. –Agencies
