The Supreme Court is currently deliberating the Election Commission of Pakistan’s (ECP) challenge against the Peshawar High Court’s (PHC) decision to reinstate the Pakistan Tehreek-e-Insaf (PTI) party’s iconic ‘bat’ election symbol.
A distinguished three-judge bench, comprising Chief Justice of Pakistan (CJP) Qazi Faez Isa, and justices Muhammad Ali Mazhar and Musarrat Hilali, is presiding over the case. The ECP, represented by former attorney general Makhdoom Ali Khan, contends that the PHC should not have proceeded without issuing notice to the attorney general for Pakistan (AGP).
The crux of the matter revolves around the interpretation of Article 17 of the Constitution and its alignment with the provisions of the Elections Act of 2017. The ECP’s petition argues that the PHC’s decision contradicts established Supreme Court precedents, discouraging high courts from intervening in electoral processes within the exclusive jurisdiction of the ECP.
Moreover, the ECP asserts that the PHC’s ruling effectively nullifies crucial sections of the Elections Act, hampering the ECP’s constitutional and statutory roles in regulating intra-party elections. This, the petition argues, goes against the principles of democracy and transparency.
The petition highlights discrepancies in the PHC ruling, emphasizing its conflict with key sections of the Elections Act and Election Rules, designed to foster democracy, pluralism, and transparency within political parties. The ECP argues that the PHC order not only renders relevant provisions practically redundant but also facilitates “sham” intra-party elections without checks and balances.
During the hearing, PTI’s counsel, Hamid Khan, and estranged party member Akbar S. Babar were present. Gohar Ali, elected as PTI chairman in recent intra-party polls, appeared in court along with Niazullah Niazi, the party’s chief election commissioner.
The legal battle over PTI’s ‘bat’ symbol began when, on December 22, the ECP decided against letting PTI retain its electoral symbol for the general elections. The PHC, subsequently, restored the symbol till January 9, challenging the ECP’s order. The legal back-and-forth continued with the PTI withdrawing and later reinstating its appeal in the Supreme Court.
The PHC, in a recent development, declared the ECP’s decision “illegal” and directed the commission to publish the certificate of intra-party polls filed by PTI. The Supreme Court’s ongoing hearing will determine the fate of PTI’s iconic ‘bat’ symbol in the upcoming electoral landscape.
