PHC restores PTI’s ‘bat’ election symbol

Humayun Khan

PESHAWAR: Peshawar High Court (PHC) restored electoral symbol ‘bat’ and ordered uploading of Party Certificate on website by accepting Pakistan Tehreek-e-Insaf (PTI) plea against Election Commission of Pakistan (ECP) 22nd December 2023 decision, on Wednesday.

A divisional bench of PHC comprising Justice Ijaz Anwar Khan and Justice Arshad Ali announced that PTI was a political party and entitled of an election symbol as well as declared that detailed judgement would be announced latterly.

PTI’s lawyers including Barrister Ali Zafar, Qazi Anwar, Syed Sikandar Hayat Shah, Nauman Kakakhel and Shah Faisal advocates while ECP’s lawyer Sikandar Bashir Mohmand, Mohsin Kamran Advocates along with counsel for others Qazi Jawad Ihsanullah, Syed Aziz-u-Din Kakakhel, Tariq Afridi, Ahmad Farooq and Naveed Akhtar advocates appeared before the court.

The court declared the ECP’s decision of revoking PTI’s election symbol was incorrect. The court announced its verdict following the hearing of PTI’s petition challenging the Election Commission of Pakistan’s (ECP) decision declaring the intra-party election of PTI as null and void and revoking their electoral symbol “bat”.

The counsel Qazi Jawad advocate argued that his client is PTI general secretary Swabi district and aspirant for participation intra-party election but he was aware from media that the election had concluded. However, Justice Ijaz Anwar observed didn’t pleaded for repolling of intra-party election.

Justice Ijaz Anwar remarked you have to pleaded for repolling after declaration of intra-party elections null and void by ECP. In the meantime, Qazi Jawad Ihsanullah argued that they haven’t provided with the opportunity and challenged intra-party elections before ECP.

Why intra-party election can’t be challenged before PHC as it is concluded at Peshawar? Justice Ijaz Anwar inquired. However, Qazi Jawad Ihsanullah Qureshi advocate argued that due to the jurisdiction of power as declared in several decisions by Apex Courts.

PTI demanding level playing field while deprive its workers from participations in intra-party elections as well as party’s activists weren’t about the elections, Ahmad Farooq advocate argued. He added that here is poppet is changing day by day, however, Justice Ijaz Anwar observed that come to legal despite inducing political rhetoric.

After the verdict, the court ordered ECP to issue a certificate to the PTI and suspended the decision that stripped the party of its symbol. The court passed the judgment after hearing arguments by the counsels of ECP and the PTI. PTI’s counsel, Barrister Ali Zafar declared the judgment of PHC was a victory of law and constitution. He added that ECP has no jurisdiction to strip electoral symbol under Election Act 2017.