ECP files appeal against PHC verdict on PTI intra-party elections, ‘bat’ symbol
PESHAWAR (UNA): The Election Commission of Pakistan (ECP) on Saturday filed a review petition at the Peshawar High Court (PHC) against its single-bench ruling on Pakistan Tehreek-e-Insaf’s (PTI) iconic electoral ‘bat’ symbol.
In the appeal, the ECP prayed to the court to review the verdict on the intra-party elections and the election symbol of ‘bat’. It demanded that the stay order against the ECP judgment should be dismissed.
In an intra-court appeal filed in PHC on Saturday, the ECP urged the high court to constitute a two-judge bench for hearing its appeal.
The ECP also prayed the court to review its verdict regarding PTI’s intra-party elections and election symbol.
The ECP requested the court to fix the plea before a division bench in the larger interest of the public. It said that the ECP is charged with the duty to conduct elections honestly, justly fairly and in accordance with law.
The petition read that Article 218(3) allows the electoral body to organise and conduct the elections, adding that the ECP is also responsible for making all necessary arrangements ahead of the polls.
“This court […] observed that election is a process which starts with the issuance of the election programme and consists of the various links and stages in that behalf as, filing of nomination papers, their scrutiny, the hearing of objections and the holding of actual polls. If any of these links is challenged it really (is) tantamount to challenging the said process of election,” it said.
“This case implies that where a violation of the standards mentioned in Article 218(3) has not as yet taken place, the Election Commission is legally empowered under Article 218(3) to exercise its powers pre-emptively in order to avoid a violation of these standards,” said the petition.
The plea said that the petitioners have sought “interim relief” for the suspension of ECP’s order as well as for the publication of an intra-party certificate on its website along with the restoration of the ‘bat’ symbol.
“That this Hon’ble Court under the settled law cannot grant Final Relief as an interim relief, hence the interim relief so granted vide order dated 26th December 2023 is against the law as well as against the dictum laid down by the Hon’ble Supreme Court in its Judgment reported as 1997 SCMR 1508,” it added.
The ECP prayed the court to recall the “interim relief” granted by the single bench on December 26.
On Tuesday last, the PHC had temporarily suspended the ECP’s decision which found PTI ineligible for an election symbol due to non-compliance with the party’s constitution and electoral laws. recognising the urgency and political ramifications involved.
PHC’s Justice Kamran Hayat Miankhel had announced the verdict shortly after reserving his order on a PTI petition. The court order said that general elections were scheduled for Feb 8 and the last date for allotment of election symbols was Jan 13.
The court also ordered the ECP to publish the PTI’s certificate on the commission’s website and restore the party’s election symbol “keeping in view the urgency, that a political party has been denuded of its symbol, meaning hereby that aspirants from the general public who were willing to vote for the petitioners’ party were divested of their right to vote as per their choice”.
After days of deliberations, the ECP on Friday decided to challenge the decision of the Peshawar High Court which suspended its declaration of the PTI’s intra-party polls as unconstitutional and the revocation of the party’s ‘bat’ election symbol.
Sources said that the ECP was against appealing the verdict in the Supreme Court as there was a little chance that it will get relief from the apex court.
