The Peshawar High Court (PHC) reserved its verdict on Tuesday on the Election Commission of Pakistan's (ECP) intra-court appeal challenging its ruling on Pakistan Tehreek-e-Insaf's (PTI) intra-party polls and the subsequent revoking of the ‘cricket bat’ as the party’s electoral symbol.
During the hearing presided over by Justice Ejaz Khan, the electoral body’s counsel contended that the ECP sought a review of the PHC’s ruling. “Election commission had issued a notice to the PTI as the intra-party elections were not conducted properly,” the advocate stated.
“Questions were raised over the authority of the election commission and it was said that the election commission’s decision was unconstitutional even though the single-bench suspended the decision without listening to the ECP”, the lawyer argued and added that even though the electoral body was a part of this case, the PHC did not heed ECP’s arguments.
The lawyer further said that neither is the federal government a part of this case nor does the Centre play a role in the election commission's decision-making. “The election commission is an independent body which reserves the prerogative to give its judgments,” the advocate maintained and stated that whatever the ECP decides, becomes the final judgement.
He reiterated that a verdict cannot be passed without listening to the ECP’s arguments.
The advocate general (AG), however, protested and stated that the government does not want to be a party to the case. “We are the interim provincial government and for us, all parties are equal, therefore, we have nothing to do with this,” he stated and added that their mention as a respondent "should be deleted from the case”.
The AG further said that the provincial government would only provide judicial assistance if it is issued a notice.
Justice Khan asked whether the federal government had the same reservation. To this, the additional attorney general (AAG) informed him that the Centre also shared the same opinion as the caretaker provincial government.
After listening to the argument, the high court reserved a decision.
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On December 22, the electoral watchdog invalidated 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 November 23, 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 had read.
In the intra-party elections held earlier in December 2023, on the electoral body’s order, Barrister Gohar Ali Khan was elected as the PTI’s new chairman. Gohar was nominated by Imran Khan -- the PTI’s founder, who is currently incarcerated in Rawalpindi's Adiala jail.
However, on December 26, the PHC, presided over by a single judge Justice Kamran Hayat Miankhel, suspended the commission’s decision to nullify the PTI's intra-party polls and revoke its 'cricket bat' symbol.
The court in its order had directed the commission to publish the PTI’s certificate on its website and restore the electoral symbol of the party.
"As elections are scheduled to be held on 8th February 2024 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 the petitioners' party were divested of their right to vote as per their choice,” it added.
The judge had further directed that notices be issued to all the respondents for January 9 and that the order would remain operative until then.
The ECP held a meeting following the PHC’s decision. The commission then decided to challenge the PHC decision through an intra-court appeal filed on December 30, 2023.
According to the ECP’s legal experts, the decision of a sole judge of the PHC without hearing the commission was against the principles of justice.
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