By Staff Reporter
ISLAMABAD: Peshawar High Court on Wednesday overturned a decision by the country’s election commission to revoke the electoral symbol of the former prime minister Imran Khan’s party, a bat, just weeks before a crucial general election.
The court said the Election Commission of Pakistan (ECP) had acted illegally and without authority when it rejected the Pakistan Tehreek-e-Insaf (PTI) party’s intra-party polls and stripped it of its symbol on Dec. 22.
The ECP had argued that the PTI had failed to hold intra-party polls in accordance with its constitution and election laws, and had therefore forfeited its right to the symbol.
The PTI had challenged the ECP’s order in the high court, arguing that it had followed its constitution and election laws in conducting its internal polls.
The court agreed and directed the ECP to publish the certificate of PTI’s internal polls on its website.
It also said the PTI was entitled to the bat symbol in accordance with the Election Act and Election Rules.
“The ECP order dated 22.12.2023 is declared illegal, without any lawful authority and of no legal effect,” the court said in its short order.
The verdict was announced by a two-member bench comprising Justice Ejaz Anwar and Justice Syed Arshad Ali on a petition jointly filed by PTI chairman Gohar Khan and six other leaders.
The verdict was a major relief for the PTI, which had faced the prospect of losing its identity and support base ahead of the February 8 polls.
PTI Senator Ali Zafar, who represented the party in the court, hailed the verdict as a victory for justice and democracy.
“The court has declared as unconstitutional the ECP’s Dec 22 order under which the electoral body had illegally snatched our symbol, and directed that the ‘bat’ be returned to the PTI,” Zafar told the media after the verdict was announced.
“After this, no one can stop the PTI from winning elections.”
He said the ECP had no power to revoke any political party’s symbol, as it was a constitutional right under Article 17.
“Article 17 [of the Constitution] says that an electoral symbol cannot be taken from any party because it renders the party redundant.”
Zafar warned that if the ECP failed to restore the bat symbol on its website within 15 minutes, it would amount to contempt of court. “Neither the court nor the nation would tolerate this.”
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