PTI Symbol Case: Peshawar High Court suspends ECP Decision

Peshawar (PTI Symbol Case)

The Peshawar High Court has suspended the Election Commission’s decision to withdraw the bat symbol from the PTI.

According to the details, the Peshawar High Court has suspended the decision of the Election Commission of Pakistan to declare PTI’s intra-party elections null and void and withdraw the party symbol.

In the Peshawar High Court, Justice Kamran Hayat Mian Khel heard the application. After the arguments were completed, the court issued a stay order on the decision of the Election Commission.

The court issued an injunction and said that the decision of the Election Commission will remain suspended until the case is decided.

What happened in Peshawar High Court during hearing?

During the hearing, PTI lawyers Ali Zafar, Barrister Gohar Khan and Babar Awan came to the rostrum. PTI’s lawyer Ali Zafar argued that the Election Commission has exceeded its powers.

On the order of the Election Commission, PTI conducted intra-party elections within 20 days. The Election Commission admitted that the intra-party elections were held and also issued the certificate.

Later, the Election Commission said that the elections were held but whoever conducted them was not right. Objection came to our election commissioner and our elections were declared null and void.

Election Commission’s order is illegal and unconstitutional, Election Commission has withdrawn election symbol bat from PTI. Now we can’t participate in elections as a political party, even reserved seats can’t be given to a political party without an election symbol, a political party has been excluded from general elections.

There is a decision of the Supreme Court in the name of “Symbol Case” related to election symbols, the Election Act does not say that intra-party elections can be declared null and void by the Election Commission. The certificate has to be published by the Election Commission on the website within 7 days. Under Section 215, when a party certificate is issued, it becomes eligible for election symbol.

If a political party does not issue an election certificate, then a show cause notice can be issued to the party. Despite the show cause, if the party does not provide the details, then the election symbol can be taken from the party. It is not written anywhere that Election Commission can take suo moto. Here the Constitution has been violated by taking Suo moto.

Justice Kamran Hayat Mian Khel inquired who are the petitioners in this case?

Barrister Ali Zafar said that the Election Commission itself has become a party. The petitioners are not members of PTI. There is only penalty for not conducting election. There is no such severe punishment. But we are being thrown out of the election here, even if the election commissioner or the presiding officer is wrongly appointed, the election commission cannot give such a decision.

Justice Kamran Hayat Mian Khel asked the Additional Attorney General to tell how many political parties there are in Pakistan.

The Additional Attorney General Sanaullah replied that there are 175 parties. Justice Kamran Hayat Mian Khel said that no such notice was issued to any other party. PTI participated in the 2018 election and is a registered party. If the registered party conducted the election and gave the certificate, then how can the Election Commission say that it is not right? We want the Election Commission to conduct clean and transparent elections.