Bat-tered

Flabbergasted verdict must lead PTI to do some deep introspection

With the PTI losing its symbol of ‘cricket bat’ in a shocking decision by the Supreme Court, the fairness of the February 8 elections has been flagged. After two days of contentious hearing on the ECP petition, the three-member bench of the top court, headed by Chief Justice Qazi Faez Isa, ruled that glaring omissions were noted in PTI’s intra-party polls, and it did not pass the litmus test of credibility ‘as per law’. Then on, it is a journey of decay for the most popular party of the country as it will now be forced to field its candidates as ‘independent’ contestants, not only raising the stakes of the election outcome but also opening up floodgates of horse-trading.

A flabbergasted verdict must lead the PTI to do some deep introspection. It goes without saying that its secretariat homework as a political party was not up to mark, and its lawyers were seen putting up a defence on assumptions. This is why the bench more than once observed that mere production of a certificate could not suffice in order to establish that intra-party elections were held. On the contrary, the ECP managed to establish before the court that an element of ‘secrecy’ was maintained as many disgruntled party members came up to testify its veracity.

The top court, thus, by converting the ECP petition into an appeal set aside the January 10 order of the Peshawar High Court, according to which the PTI was entitled to the election symbol “strictly in terms of sections 215 and 217, read with any other enabling provision of the Elections Act 2017 and Election Rules 2017”. The ECP not only successfully argued on the maintainability of the petition but also stood its ground by proving that it had the authority to investigate intra-party polls.

The verdict, however, was based on exploiting the technicalities of the petition. For many it is transgression of the stated right of a political party. The PTI’s rejoinder that, under Article 17 of the Constitution, it is the right of a political party to contest elections with an electoral symbol and depriving the same is tantamount to violation of fundamental rights, apparently went unnoticed.

The credit, however, goes to the resilience of PTI which never lost its cool, and pushed back in the legal parameters. Its resolve to go into elections is appreciated, and must come to strengthen our fragile democratic process. Now is the time for state organs and the political parties to ensure that a free and fair ballot comes to usher in the desired stability and consolidates the confidence of the masses in the rule of law and democracy. PTI is better advised to come up with a documented profiling of its party structure, and avoid losing its wicket getting caught bat-and-pad!

 

Published in The Express Tribune, January 15^th, 2024.

Like Opinion & Editorial on Facebook, follow @ETOpEd on Twitter to receive all updates on all our daily pieces.