In a significant turn of events, the Peshawar High Court (PHC) on Wednesday lifted the injunction it had placed on the Election Commission of Pakistan's (ECP) order against Pakistan Tehreek-e-Insaf’s (PTI) 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.
Read PHC moved against its PTI polls order
“Therefore, the said order has prima facie created hindrance in the smooth process of the election which is to be conducted by The ECP as per the already notified schedule and which is to be held on the instant 8th of February,” the written order stated. The saga began on December 22 when the ECP deemed PTI's internal elections flawed and declared the party's paperwork insufficient for issuing its official certificate. PTI challenged this decision in the PHC, which granted a temporary injunction on December 26, putting the ECP's actions on hold.
However, the ECP fought back, filing supplementary petitions on December 30 arguing that the injunction overstepped the court's authority and could delay the upcoming general elections. After two days of arguments from both sides, the court ultimately sided with the ECP, lifting the injunction. PTI's lawyer Qazi Muhammad Anwar argued that the ECP's petition was inadmissible and lacked legal basis, as the ECP did not have the authority to file a supplementary application.
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Qazi further said that the PHC had given its decision on December 26 but it had not been implemented yet. The ECP, represented by Sikandar Bashir Mohmand, countered that it has both administrative and constitutional powers and was well within its rights to challenge such decisions in court. He added that if the party was to be de-listed, it could file an appeal in the Supreme Court.
Naveed Akhtar, representing the Charsadda vice president of the PTI, expressed concerns about the transparency of the party's internal elections and alleged irregularities surrounding Imran Khan's candidature. He sided with the ECP, highlighting the importance of fairness throughout the entire electoral process. At the conclusion of the arguments, Justice Ijaz Khan accepted the supplementary petitions of the ECP and withdrew the PHC’s injunction.
The judge noted that since timeframe had been fixed for holding the elections and other preparations, this injunction could not be maintained. The hearing was adjourned till January 9. With the injunction lifted, the ECP is now free to move forward with its initial decisions of annulling the intra-party elections of the PTI and taking back its ‘bat’ symbol. The party might appeal the latest decision or attempt to defend its case before the court on the next hearing scheduled for January 9.
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