PTI leaders responsible for ‘losing bat’

SC judgment declares intra-party election were not held

ISLAMABAD:

The Supreme Court on Thursday said that those who were running the affairs of the Pakistan Tehreek-e-Insaf (PTI) and did not want democracy in the party, were responsible for the loss of the party’s election symbol of ‘the bat’ because of not holding intra-party elections.

The court released a detailed judgment on a petition against the Peshawar High Court’s (PHC) order of Jan 10 regarding the intra-party elections of the PTI.

The PTI had challenged the Election Commission of Pakistan’s (ECP) order of not allocating the bat symbol to the party in the PHC.

“As a consequence of not holding intra-party elections in the PTI, it became ineligible to be allocated an election symbol. The sole responsibility for which lies on those running the affairs of the PTI, who did not want democracy in the party,” the 38-page judgment authored by Chief Justice Qazi Faez Isa read.

The judgement said that those elements in the PTI “unilaterally and arbitrarily” took over a political party in utter disregard of the 850,000 stated party members and because of not holding elections, the party suffered and was rendered ineligible to receive its election symbol.

The judgment emphasised that a political party must never be deprived of its election symbol for some minor violation, but added that forsaking intra-party elections was a major violation of the law, and of the Constitution.

“Those who were in charge of the PTI were adamant not to hold intra-party elections and their intransigence alone deprived the PTI of its symbol. If intra-party elections had been held, all benefits mentioned in the Elections Act would accrue, including the party getting its symbol,” it said.

On Jan 14, a three-member bench comprising Chief Justice Isa, Justice Muhammad Ali Mazhar, and Justice Musarrat Hilali announced a short order after holding a marathon hearing, upholding the Dec 22 decision of the ECP, depriving the PTI of its iconic poll symbol.

The detailed judgment said that the ECP petition was converted into an appeal and set aside the PHC order. The bench heard the matter, “till late in the evening because … the ECP had already issued the Election Programme which would have been derailed if the decision of this case was delayed”, it added.

The court said that after a political party held its intra-party elections, it was required to provide a certificate that the elections were held in accordance with the constitution of the political party and the Elections Act. “Such a certificate can only be issued after the holding of intra-party elections.”

The court said that no one sought to deprive the PTI of an election symbol; not the ECP, the government nor any political party but added that the ECP had repeatedly called for the holding of intra-party elections in the PTI and had clearly spelt out the consequences if elections were not held.

“It is thus indisputable that intra-party elections in the PTI were not held. And, no opportunity to contest intra-party elections and to vote for candidates was provided to the members of the PTI,” the judgment read.

“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...”

The judgment noted that the ECP had been calling on the PTI to hold its intra-party elections since May 24, 2021; when the party was in the federal government and in some provinces. “Therefore, it cannot be stated that ECP was victimising the PTI,” it said. “The ECP wanted to ensure that the PTI holds intra-party elections.

“It is clear from the record that the ECP did not act contrary to the law and did not act arbitrarily. The ECP persistently and repeatedly called for the holding of intra-party elections in the PTI. Initially, the pretext of the prevalence of the Covid-19 virus was used for not having held elections.”

The judgment read, “The ECP extended the period which too expired but still intra-party elections were not held. The ECP gave repeated opportunities for intra-party elections to be held but to no avail, as a result of which the ECP issued a show-cause notice but this too was not taken seriously.

“The ECP then passed an order and directed that intra-party elections be held in the PTI, in response to which, and for no justifiable reason, the direction was challenged before the Lahore High Court. And, when a favourable result could not be obtained, the Peshawar High Court was approached.”

The judgment said that the rule of law and judicial process would be seriously undermined if a party simultaneously agitated the same matter before two different high courts.

“This may also result in a conflicting decision” by adding the decisions of the LHC and then the PHC.