SC deals final blow to PTI’s ‘bat’ hopes

In shocking verdict, top court upholds ECP decision on party’s ‘iconic’ symbol

ISLAMABAD:

The apex court on Saturday set aside the January 10 order of the Peshawar High Court (PHC), effectively depriving the PTI of its iconic election symbol of a cricket bat in a major blow to the former ruling party ahead of the February 8 general elections.

The Election Commission of Pakistan (ECP) on December 22 invalidated the PTI’s intra-party polls held on December 2 while hearing complaints filed by some disgruntled PTI members.

The PTI had approached the PHC against the ECP order and the provincial high court on Wednesday declared the polls body’s decision “as illegal, without any lawful authority and of no legal effect”.

 

The ECP later moved the Supreme Court against the PHC order and a three-member bench led by Chief Justice Qazi Faez Isa and comprising Justice Muhammad Ali Mazhar and Justice Musarrat Hilali issued a short order on Saturday night after continuous hearing for three days.

The verdict authored by the chief justice said mere production of a certificate by the PTI stating that intra-party elections were held could not suffice to establish that such elections had actually been held particularly when some party members were challenging this assertion.

“In the instant case not even prima facie evidence was produced to show that a semblance of elections had been held. Fourteen PTI members, with stated credentials, had complained to the ECP that elections had not been held.

“These complaints were brushed aside in the writ petition by simply asserting that they were not members of the PTI and thus not entitled to contest elections, but this bare denial was insufficient, particularly when they had credibly established their long association with the PTI.”

The court noted that if any member of a political party is expelled, it must be done in accordance with Section 205 of the Election Act, 2017 “but no evidence in this regard was forthcoming”.
The verdict said these members of the PTI were not provided nomination papers when they went to get them nor were any intra party elections held.

“Incidentally, the notice issued by the PTI Secretariat stated that the elections were to be held in Peshawar but did not mention the venue, and then the venue was shifted to Chamkani, which is a village adjacent to Peshawar.”

The SC declared the PHC’s comment that Section 215(5) of the Election Act, 2017 was “absurd” as “uncalled for”. It said the party had neither challenged any provision of the act in the Lahore High Court (LHC) or the PHC nor any provision of the act had been declared unconstitutional.

“Surprisingly, no declaration was sought, nor given, that intra-party elections were held in [the] PTI, let alone that the same were held in accordance with the law.

“If it had been established that elections had been held then [the] ECP would have to justify if any legal benefit to such a political party was being withheld, but if intra party elections were not held the benefits accruing pursuant to the holding of elections could not be claimed,” it said.

The court also disagreed with the PHC’s view that the ECP does not have any jurisdiction to question or adjudicate the intra-party elections of a political party.

“If such an interpretation is accepted it would render all provisions in [the Election Act, 2017] requiring the holding of intra party elections illusory and of no consequence and be redundant.

“Therefore, for the aforesaid and detailed reasons to follow, this [ECP] petition is converted into an appeal and allowed by setting aside the impugned order and judgment of the PHC; resultantly, the order of the ECP dated 22 December 2023 is upheld,” the verdict said.

PTI’s double whammy

Saturday proved to be a calamitous day for the PTI as the country’s top court took back its election symbol after a splinter group poured cold water on the party’s strategy of contesting polls on the symbol of “batsman” by denying reaching any pact with the party.

The PTI’s Plan-B revolved around issuing tickets of the PTI-Nazaryati (PTI-N)—which is allotted the election symbol of a batsman--to all its candidates for national and provincial assemblies.

PTI officials had shared with The Express Tribune that the PTI and PTI-N – a splinter faction of the PTI registered with Akhtar Iqbal Dar as its chairman – had reached an agreement on December 30.

According to the deal, both the parties were supposed to contest polls on the bat symbol, if the PTI managed to retain it and on the symbol of batsman, in case it was deprived of it.

It was decided that irrespective of which party contest elections on which symbol, the PTI would give seven seats to the PTI-N, including two seats—NA-115 and NA-116—in the National Assembly and five seats—PP 141, 142, 143, 144 and 156—in the Punjab Assembly.

Also, it added that “The PTI to recognize the spirit which has been displayed by Mr Akhtar Dar at a critical time promises to support his candidacy on the general seat of Senate from Punjab as the third candidate on the general seat.”

The agreement read, “[The] PTI will give one reserve seat each of women and minority to [the] PTI-N in the National Assembly at 50% priority mark also the same in Punjab.”

Under the agreement, it was “mutually agreed” that the parliamentary leader would be elected by the elected officials as selected by the PTI founder; “instructions and directions of Imran Ahmad Khan would be binding on all members so elected on the platform of PTI-N”.

It said ex-premier Imran’s directions would be followed for parliamentary proceedings.

The agreement further read that all positions of the National Council of the PTI-N will immediately be filled; any member so elected after joining the PTI shall not be proceeded against for de-seating by the PTI-N; all elected candidates shall have the liberty to join the PTI; the PTI-N had to completely align and become a co-party of the PTI; and they shall gather under one banner and one leader – Imran Khan.

It was decided that all measures would be taken that both parties remain eligible to contest elections; The PTI-N would provide support to the PTI in media and at all other forums; the PTI-N will not put any candidate against the PTI, saying the final decision about the candidates will be taken by Imran Khan.

However, addressing a news conference, PTI-N chief Dar refuted the PTI’s claim that they had reached an agreement for the electoral symbol.

He said he was surprised by the PTI’s move. He questioned who had issued the tickets to the PTI. He added that he had issued the tickets to his faction’s candidates himself. Dar said the PTI-N would issue a list of its own candidates.

Later, PTI leader Raoof Hasan said Dar had inked a contract with his party. He continued that the PTI-N chief had signed the tickets for the PTI candidates while sitting at their office.

The PTI’s plan B had emerged after it directed all its candidates to submit tickets of the PTI-N to all its candidates if the Supreme Court does not give a decision in its favour.

The same happened just before midnight, which led incumbent PTI chief Barrister Gohar Khan to say that he was disappointed by the decision. He announced the plan to file a review petition and hoped that people of Pakistan would give a vote in the name of Imran Khan on any symbol.

Gohar said that the Supreme Court’s decision has deprived PTI of all the reserved seats, saying PTI will no longer be able to get reserved seats in the national and provincial assemblies. He added that “all PTI candidates will now participate in the election as independents.”

Meanwhile, it was reported that ECP has issued directions that political parties should refrain from sharing their electoral symbols with others. It was said that the ECP instructed the returning officers (ROs) not to accept the nomination papers of any candidate being submitted to them with the electoral symbol of any other party.

It added that the ROs should not entertain the request of any candidate, who sought the electoral symbol of another political party as under the Elections Act, 2017 the candidate gives their party affiliation certificate to the RO and a person cannot be a member of more than one party at a time.

It was also reported that PTI leader Dr Yasmin Rashid has already submitted her nomination papers on a PTI-N ticket from NA-130 through her legal team to the RO. She will contest against PML-N supremo Nawaz Sharif in the constituency.

PTI leader Shoaib Shaheen filed an application with the ECP on the issue of the submission of certificates of the PTI-N. The plea asked the electoral body to approve the PTI candidates with the PTI-N certificates. It added that PTI candidates were facing difficulties in submitting the PTI-N certificates to the ROs.

The application urged the ECP to issue the necessary instructions to the ROs over this matter. Speaking to the media outside the SC, Shaheen said: “Today was the last day to allot the final electoral marks and that was why the PTI had to go for its ‘Plan-B’.”
He added that the party had fielded its candidates on behalf of the PTI-N.

However, the PTI is now forced to contest polls via independent candidates, which the party feels would open the gate for corruption and horse-trading.