PHC set to hear PTI’s challenge against ECP’s decision

Two-member bench to preside over hearing of the writ petition

PESHAWAR:

The Peshawar High Court (PHC) is set to hear on Tuesday (today) the writ petition challenging the Election Commission of Pakistan's (ECP) decision to nullify Pakistan Tehreek-e-Insaaf's (PTI) intra-party elections and the withholding of the election symbol 'bat'.

A two-member bench comprising Justice Ijaz Anwar and Justice Syed Arshad Ali will preside over the hearing of the writ petition filed by PTI, seeking to invalidate the ECP's rulings regarding the party's intra-party polls and certificate.

The PHC has already served notice to the ECP in connection with this matter, scheduling the writ petition's hearing after the holidays.

PTI Chairman Barrister Gohar Ali, along with senior lawyer Qazi Anwar and Barrister Ali Zafar, have presented arguments in the high court regarding the interim order. Conversely, Sikandar Bashir and Mohsin Kamran Siddique represented the ECP's stance during the court proceedings.

The ECP had declared PTI's intra-party elections null and void on December 22, revoking the 'bat' symbol, prompting PTI to contest the decision in the Peshawar High Court.

Read: 

https://tribune.com.pk/story/2452335/phc-tribunal-issues-notice-to-nawaz

On December 26, the PHC suspended the ECP's ruling, ordering the reinstatement of the party certificate on the website and the return of the 'bat' symbol, while upholding PTI's intra-party election.

However, challenging the PHC's interim order, the ECP lodged its own instant application, arguing that the court exceeded its powers by providing complete relief in the interim order without prior notice, deeming it contrary to the law.

Following two days of arguments, Justice Ijaz Khan of the PHC lifted the injunction issued earlier and slated January 9 for the formal hearing of the pending writ, awaiting the ECP's decision.

In a six-page order authored by Justice Muhammad Ijaz Khan, the court noted that the PHC’s earlier order was an ad-interim, ex-parte order passed without providing any opportunity for a hearing to the ECP.

Simultaneously, PTI has approached the Supreme Court against the withdrawal of the interim injunction in this matter. The party has requested the top court to take up the matter expeditiously in view of the upcoming general elections.

The PTI had declared that the January 3 order was misconceived as there is no question of the territorial effectiveness of the court. “With that impugned order [of December 26], it was a matter between the ECP and the PTI and once that order is set aside it is a settled law that order of a high court [will] be implemented.”

Published in The Express Tribune, January 9^th, 2024.