Humayun Khan
PESHAWAR: Peshawar High Court (PHC) has granted status quo against Election Commission of Pakistan (ECP) verdict for withdrawal of ‘Bat’ symbol from Pakistan Tehreek-e-Insaf after declaring intra-party null and avoid while adjourned further hearing till 9th January, on Tuesday.
PTI had approached PHC for party’s symbol ‘Bat’ which was withdrew by ECP by declaring intra-party elections null& void while the chairman Barrister Gohar Ali Khan along Barrister Ali Zafar appeared before court to argue the plea. ECP isn’t court of law as declared by Supreme Court of Pakistan (SCP) in several verdicts as well as dispute among political workers would be settle in the civil court as per law, Barrister Ali Zafar argued.
Barrister Ali Zafar stated that no activist from eight lac registered PTI workers had complaint against the intra-party elections as well as added that political party is neither a public sector department an organization of civil society.
However, Justice Kamran Hayat Miankhel inquired about complainant which quoted in ECP’s verdict, while the counsel informed that the applicant isn’t a PTI worker and argued that election commission became party int the plea against intra-party elections. In the meantime, PHC’s single member bench observed that ECP neither declared intra-party election as illegal but objected that how can Umar Ayub has appointed Chief Election Commissioner for party’s polls, as he isn’t the general secretary. Barrister Ali Zafar argued that this is not a sufficient ground for declaring intra-party elections null and void.
The subject matter is clear by verdicts in Asma Jilani and Sindh High Court Bar Association pleas as well as argued that next ECP may declare elected office holders in 1997 null and void, Barrister Ali Zafar adds. The interference by executive in intra-party elections wouldn’t be beneficial for democracy in Pakistan, the counsel argued. He added that withdrawal of symbol conveying that PTI has been stopping from electoral process.
PTI’s counsel informed that the party chairman and general secretary be elected by means of secret ballot paper as inquired about party’s rules in this regard. He added that the party is electing its workers rather than to import outsiders.
Meanwhile, Justice Kamran Hayat Miankhel enquired regarding last polling of PTI’s intra-party elections while Barrister Ali Zafar informed that it was conducted in 2017 under old constitution and last time in June 2023 after amendments in 2019. Latterly, ECP declared intra-party election null and void as well as ordered for re-elections within 20 days which was conducted but now withdrew the symbol (Bat) after submission of nomination papers for general elections.
The counsel requested for restoration of party’s symbol because it will put fate of PTI’s candidates in doldrum especially nomination on reserved seats. He further argued for suspension of ECP decision that PTI can grant tickets to the workers.
PHC will decide the plea by today (on Tuesday/ in first hearing/ as a petition placed in motion) as divisional bench has jurisdiction rather than single member, Justice Kamran Hayat Miankhel. He inquired regarding availability of Asad Umar resign in written from PTI general secretary. Barrister Ali Zafar argued that Asad Umar had announced resign after his return from imprisonment which was covered by all mediums of media.
Moreover, Justice Kamran Hayat Miankhel inquired from complainant’s lawyers regarding jurisdiction of ECP for declaring intra-party elections. The counsel argued that PHC had stopped ECP from final decision in this regard as PTI approached the court against issuance of notice by election commission.
Justice Kamran Miankhel observed that PTI had obeyed ECP orders by holding re-election within 20 days and inquired about the jurisdiction of election commission for declaring intra-party election. He remarked that the lawyers must contend to address the court’s observation rather arguing ifs and buts. Meanwhile, Additional Attorney General argued that ECP has jurisdiction to withdrew party’s symbol over deficiency in the documents. ECP can grants symbol after holding of intra-party election and following submission of certificate before the commission.
However, Justice Kamran Miankhel observed ECP can’t stop party’s symbol after announcement of election schedule and remarked that {ECP} can may stop {PTI} from next election neither from upcoming. In the meantime, Additional Attorney General opposed status quo against ECP judgement as interim relief as it will decide the fate of whole plea. But Justice Kamran Miankhel observed that its looks like that ECP is outing one party from electoral process and remarked that the divisional bench will hear the plea after vacation.
Justice Kamran Miankhel enquired regarding total registered political parties while Additional Attorney General informed that the number stands 175. Is notice is issued to any other party? Justice Miankhel inquired. PHC’s justice Kamran Miankhel remarked that withdrawal of symbol is like paralyzing political party as well as compared the situation with Pakistan Muslim League Nawaz, Pakistan People’s Party and Jammiat Ulema Islam Fazal while adjourned further hearing till 9th January, 2024. It is worthy to mention, Additional Attorney General Sana Ullah angered over laughing of PTI’s affiliated female lawyer during hearing and observed that they are busy in argumentation rather than chuckling before the court.
