Pakistan Tehreek-e-Insaf (PTI) leaders went to the SC on Thursday to challenge the PHC’s decision to reinstate the electoral watchdog’s ruling that had nullified the PTI’s intra-party polls and removed the cricket bat from the party’s electoral emblem.
Barrister Gohar Ali Khan, who is also the party chairman, filed the application, which asks the PHC to overturn the interim order.
Furthermore, the appeal argues that the electoral watchdog, the Election Commission of Pakistan (ECP), cannot be a party to the case and that the ECP’s application was not admissible. It contends that there is insufficient evidence to support the ECP’s ruling.
The petitioner claims that PHC also ignored facts and that all legal conditions were not met before decision announcement. “The PTI is being discriminated against,” the request says, distinguishing it from other political parties.
As stated in the ECP’s motion, Barrister Gohar stated in an informal conversation at the SC premises that this was a significant topic.
Nomination papers need to be reviewed quickly since tickets need to be issued. He added that the party was wishing it could run for office using its recognized electoral symbol and that they were working to get the matter filed for a quick hearing.
It was decided by the PHC
A day before the general election, the PHC reversed its earlier injunction on the ECP’s order prohibiting the PTI from holding an intra-party poll and from using the “cricket bat” as its electoral symbol.
The court agreed with the ECP’s supplemental petition, which argued that the injunction had exceeded its scope and might have far-reaching consequences for national elections.
It is now possible for the ECP to begin proceedings in the case and possibly move forward with its first decisions, thanks to the most recent PHC order. By virtue of the decision of this Court dated 26.12.2023, it is sufficient to note that the order of this Court is liable to be recalled,” stated the written ruling issued by Justice Muhammad Ijaz Khan at the conclusion of the hearing.
The judge explained the court order by stating that, first, the order was issued without giving the ECP a chance to be heard, making it an ad interim ex parte order. Second, the judge said that, at first glance, the order seemed to grant final relief for all practical, legal, and factual reasons. “Thirdly, an aspect of the order’s effectiveness beyond the territorial jurisdiction of this Court was not taken into consideration while passing it. And fourthly, the whole exercise of holding and conducting an election… is a time-bound exercise,” the order stated.
The order from ECP
Withdrawal of the party’s distinctive ‘cricket bat’ symbol occurred after the ECP annulled the PTI’s internal elections on December 22.
“So considering the clear mandate of the Elections Act, 2017 in conjunction with the PTI constitution 2019, it has been determined that PTI has not followed our instructions from our order dated November 23, 2023, and has not conducted the intra-party election in compliance with [the] PTI prevailing constitution, 2019, the Election Act, 2017, and the Election Rules, 2017,” read the written order from the ECP.
I now lament and reject the certificate dated 4th December, 2023 and Form-65 filed by the supposed chairperson. Additionally, it noted that PTI is found ineligible to get the electoral symbol for which they have requested, pursuant to the terms of Section 215 of the electoral Act, 2017.
Barrister Gohar Ali Khan was chosen as the new chairman of the PTI in the intra-party elections that took place earlier this month at the directive of the ECP.
