PHC directs ECP to hand PTI back its bat symbol

  • Declares ECP's decision as unconstitutional
Updated 10 Jan, 2024

The Peshawar High Court (PHC) declared as unconstitutional on Wednesday the Election Commission of Pakistan’s decision revoking the Pakistan Tehreek-e-Insaf’s (PTI) ‘bat’ electoral symbol and rejecting its intra-party polls.

The high court directed the ECP to hand the PTI its bat electoral symbol back. It also directed the body to upload the party’s certificate of internal elections on its website.

Earlier today, the party said it had withdrawn its petition to secure the bat symbol from the Supreme Court (SC).

PTI lawyer and leader Barrister Gohar Khan said that as the verdict in the main case was expected at any time today from the PHC, PTI has withdrawn the plea from the SC.

“We hope that the verdict will be based on justice and rights and that we will get the bat symbol.”

On December 26, a single-bench of the PHC suspended the ECP’s decision of revocation of the bat symbol for PTI and its intra-pary elections. The ECP later filed a review petition at the PHC against the ruling.

In its review plea, the ECP requested the court to review the PTI’s intra-party elections and its decision related to the election symbol.

Background

PTI’s intra-party elections, in which Barrister Gohar was elected as chairman of the party after being nominated by PTI founder and former chairman Imran Khan, were held on December 2 on directives issued by the electoral body.

However, the polls had drawn sharp criticism as estranged PTI founding member Akbar S. Babar announced that he would challenge the entire process.

He had alleged that the PTI had carried out a selection process aimed at throwing out party workers to give the reins to a few lawyers.

PHC’s interim order: PTI moves SC for early hearing of appeal

On December 22, the electoral body nullified the former ruling party’s intra-party elections, for the third time since last year, declaring the PTI ineligible for obtaining its traditional electoral symbol of ‘bat’.

In its verdict, the ECP said, “So keeping in view the clear mandate of Elections Act 2017 - it is held that PTI has not complied with our directions rendered therein order dated 23rd November, 2023 and failed to hold intra-party election in accordance with PTI prevailing Constitution 2019 and Elections Act 2017, and Election Rules, 2017.

“Therefore, the certificate dated 4th December, 2023, and Form-65 filed by the alleged chairman, is hereby regretted and rejected accordingly.

“The provisions of Section 215 of the Election Act 2017 are hereby invoked and PTI is hereby declared ineligible to obtain the election symbol for which they have applied for.”

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