LHC orders consolidation of ‘symbol’ pleas

Issues notices to govt, ECP over petition challenging polls body’s powers

LAHORE:

The Lahore High Court (LHC) has ordered its registrar's office to club all petitions challenging the Election Commission of Pakistan’s (ECP) powers to strip a political party of its election symbol.

A division bench, led by Justice Ali Baqar Najafi, passed this order during the hearing of an intra-court appeal on Wednesday. The bench also issued notices to the federal government and the ECP and sought their replies.

Advocate Azhar Siddique, who represented the petitioner, argued that the ECP does not have the authority to withdraw an electoral symbol from a political party. He claimed that Section 215 of the Election Act, 2017 is in violation of the Constitution.

When Justice Naqvi asked the petitioner whether political parties should be allowed not to hold intra-party elections, Siddique said such elections were vital but the ECP cannot deprive a party of its election symbol just because it has not conducted intra-party polls.

He said in such cases, the ECP could only levy fines on a political party.

Justice Naqvi said the Election Act, 2017 was passed unanimously by all parliamentary parties. He also noted that no political party has challenged the ECP’s powers to deprive a party of its symbol.

Subsequently, the bench issued notices to the respondents, ordered the LHC registrar to club all similar petitions, and adjourned the matter.

The ECP on December 22 deprived the former ruling party, the PTI, of its iconic election symbol—the cricket bat—while hearing complaints that accused the party of holding intra-party elections in violation of its constitution.

The party later challenged the ECP order in the Peshawar High Court (PHC) which on January 10 invalidated the ECP order. The ECP challenged the PHC order in the Supreme Court which on January 13 dealt a heavy blow to the party by upholding the ECP order.