Daily Times

The Peshawar High Court (PHC) suspended the Election Commission of Pakistan’s (ECP) decision nullifying PTI’s intra-party polls and revoking its popular ‘bat’ symbol and restored the party’s electoral symbol.

The court also issued notices to all respondents in the case. The PTI filed a petition in the PHC earlier in the day, challenging the ECP’s decision. The hearing was presided over by Justice Kamran Hayat Miankhel while the PTI chairman and the party’s lawyer Ali Zafar presented their arguments.

Barrister Zafar protested that the election commission had acted outside of its authority. “The election commission asked for intra-party elections within 20 days and we conducted the polls, but then the election commission invalidated the intra-party polls on December 22,” he argued.

He further informed the court that the PTI had conducted intra-party elections on December 2 which were covered by the media and had also provided all the documents to the electoral body.

“The election commission said that the intra-party polls were conducted properly, but raised an objection over the appointment of the person who conducted the polls,” he added. He further elaborated that because of the ECP’s ruling, the PTI cannot contest in the upcoming general elections as a party. The PTI’s counsel contended that the electoral body’s ruling violates Article 17. “Article 17 also states that every citizen has the right to create a party,” Barrister Zafar said.

“I have not read the decision It has only been written that the appointment of the person conducting the election is wrong,” Justice Kamran Hayat said to the PTI’s lawyer. “That is exactly what the election commission has written,” said Zafar.

The counsel reiterated that the electoral body does not have the authority to declare the intra-party election invalid and added that the “election symbol is a fundamental right that has been taken away from us”. Justice Miankhel then asked the party’s counsel who was the petitioner in the case and “who has been mentioned in the decision of the election commission?”.

“The person who had filed the petition is not even a member of the PTI,” Barrister Zafar replied and added that the election commission had become a party to this case itself. He further added that the ECP had nowhere stated that the procedure of the intra-party polls was not correct.

Barrister Zafar contended that such grounds do not merit the invalidation of the intra-party polls. “If anyone has an objection, then file a case in a court,” he said and added that the law and the Constitution state that the election commission does not have this authority. Justice Miankhel then inquired about PTI’s rules regarding intra-party polls. “Our party has its own rules. The chairman and the general secretary are nominated through a secret ballot,” Barrister Zafar informed the court.

The petitioner’s lawyer who had challenged the intra-party polls then interrupted the hearing, to which he was asked to await his turn by the court.

“If there has been a violation, then we would ask you whether the election commission has the authority to nullify the polls,” the judge told the petitioner’s lawyer.

Moving back to Barrister Zafar’s arguments, the court asked when were the party’s last elections held. “The last intra-party election was held in 2017 and in 2019 we had amended the party’s constitution. In June 2023, we held the intra-party elections according to the new constitution,” PTI’s counsel informed the court. “Then the election commission declared the elections null and void and we were instructed to conduct the polls within 20 days”.

The lawyer argued that the election schedule had now been released and the nomination papers had been submitted. “There are specific seats in the election. If the party does not have a symbol, then what will happen to it,” he asked and prayed that PTI be allotted a symbol so that they could issue party tickets to their candidates. “Till the court passes its judgement on this case, the ruling of the election commission should be suspended so that we may have a symbol,” said Barrister Zafar.

On the other hand, the petitioner’s lawyers argued that the PTI had filed an application against the election commission’s notice which then prevented the ECP from finalising its decision.

“Leave that now. It has already happened,” Justice Kamran said. The lawyer then said that he had filed an application in the Lahore High Court (LHC). To this, the judge said that the LHC would look into that and “you answer what has been asked of you”. “The election commission asked for an election in 20 days and they conducted it. You should say that the election commission has the authority to declare the intra-party polls null and void,” Justice Kamran remarked. He further said that when a political party conducts intra-party polls, then they only submit a certificate.

The lawyer informed the court that in exactly seven days, the party has to submit the certificate to the ECP. “Had you not come today, we would have provided the party with temporary relief. Now that you are here, we will listen to your arguments,” Justice Kamran maintained and added that “it seems like attempts are being made to push the party out of the general elections”.

During the session, the Additional Attorney General (AAG) Sanaullah was asked how many political parties are there in Pakistan. The AAG replied with a figure of 175.

The AGG informed the court that the ECP has the authority to declare the intra-party polls invalid if complete documents are not provided to them.

However, Justice Miankhel observed that the party had been a part of the 2018 general elections, making it a registered party.

“If a party is registered and has conducted elections and has provided a certificate then how can they say that this is not right,” Justice Miankhel observed and added that the court expects the ECP to conduct fair and transparent elections.

The AGG maintained that nobody could claim that the ECP was controversial. As the hearing concluded, the AGG informed the court that election symbols would be allotted on January 13.