Pleas about PTI symbol, tribunals referred to LHC CJ

Judges request hearing by appropriate benches

LAHORE:

Lahore High Court (LHC) Justice Abid Aziz Sheikh has referred to Chief Justice Malik Shahzad Ahmad Khan a petition filed by the PTI chairman, secretary general and other leaders seeking directions to the Election Commission of Pakistan (ECP) to allot the party its electoral symbol of cricket bat.

As the proceeding commenced, Justice Sheikh remarked that a case of the same nature was pending before a larger bench.

The judge requested the LHC chief justice to fix the case before the relevant bench.

The petitioners had requested the court to declare that a political party cannot be deprived of the right to contest an election especially by denying an electoral symbol for its failure to hold intra-party elections.

PTI Secretary General Omar Ayub Khan, Chairman Barrister Gohar Khan, Information Secretary Raoof Hassan and others contended that 2002 the party had been contesting elections on its widely recognised electoral symbol that had become emblematic of its identity.

The PTI requested the court to declare that a party cannot be deprived of the right to contest an election as a political party on any ground other than those specified in Article 17(2) as such an action would disable it from functioning as a political party, which would be a violation of a fundamental right.

It prayed the court to quash an ECP notice issued on April 30.

The petitioners requested the court to restrain the ECP from taking any adverse action against them on the basis of the impugned provisions.

Tribunal judges

LHC Justice Shahid Karim requested Chief Justice Malik Shahzad Ahmad Khan to place before an appropriate bench a petition seeking to set aside an ordinance according to which retired judges could be appointed as Election Tribunal judges.

Petitioner Munir Ahmad's lawyer Advocate Azhar Siddique argued that the federal cabinet had approved an election amendment ordinance, according to which retired judges could be appointed to Election Tribunals.

He implored the court that the ordinance is contrary to and against the real essence of the Constitution, which needs to be set aside.

Justice Karim observed that he had already announced a decision on election tribunals so it is not appropriate for him to hear this case.

The judge sent the matter to CJ Khan for marking it before a relevant bench.

Published in The Express Tribune, June 5^th, 2024.