Peshawar: Peshawar High Court has allowed Pakistan Tehreek-e-Insaf to contest upcoming elections in February on its bat symbol. Two-judge bench, including Justice Arshad Ali and Justice Ijaz Anwar heard appeal.

Court had earlier on Wednesday reserved its decision on PTI’s appeal against election Commission’s decision to withdraw symbol from party and nullify its intra-party elections. It had heard arguments from Election Commission, PTI and other parties and reserved its decision.

PHC accepted PTI’s appeal and declared election commission’s decision of December 22 null and void. Later, written order of two-judge bench issued by Justice Arshad Ali declared Election Commission’s December 22 verdict unconstitutional and nullified it. Election Commission should publish PTI party certificate on its website under Elections Act 2017 Clause 209. Under Article 215, Commission should also allot PTI its election symbol of bat.

During hearing earlier in day, Justice Ali said intra-party elections were conducted under Elections Act 2008, asking how party symbol was withdrawn under sub-section of Section 215 of Elections Act 2009. Election Commission’s lawyer Sikander Bashir said PTI considered Election Commission record keeper, adding it was regularity body that can look after intra-party elections. Ali Zafar told court that complainant wanted to oust party from elections.

He added that ECP’s decision would affect all assemblies of Pakistan as well as people of Pakistan, including province.  Justice Anwar asked if PTI members came to Peshawar posing as someone else, adding that here families were running political parties. Justice Ali asked under which section Election Commission of Pakistan took action against party, adding that under Section 209, results of intraparty polls must be submitted to Commission within seven days and this was complied with.

Court asked what party’s loss will be if it did not get election symbol and whether lawyer wanted party to get its symbol of bat. Justice Anwar asked where in notice it was mentioned that Election Acts 2008 and 2009 had been violated.

Justice Ali asked how decision on symbol can be taken after election schedule is issued. Justice Anwar said if Election Commission annulled intra-party elections, he should have called for re-poll. “If you belonged to party, you should have objected to withdrawal of party symbol, but you did not,” he added. “We were not given chance in elections for which we went to Election Commission,” Qazi Jawad stated.

Following decision, PTI leader Senator Ali Zafar told media that nobody can now stop party from winning elections. Peshawar High Court has continued its tradition of delivering verdicts as per law and justice.

Ali Zafar said decision was victory for Constitution and law, adding that Commission must implement it as soon as possible. If verdict was not implement, PTI would move court against it. He said ECP had right to approach Supreme Court, however party was not worried as Constitution and law existed.

Published in The Daily National Courier, January, 11 2024

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