PTI moves SC against PHC decision on poll symbol
Gohar prayed SC to grant leave to appeal against PHC order, set aside same, restore interim relief in interest of justice
ISLAMABAD: The PTI Thursday moved the Supreme Court against the Peshawar High Court’s order that restored the Election Commission’s decision nullifying the party’s intra-party polls, and revoking bat as its electoral symbol.
Barrister Gohar Ali Khan filed a civil petition for leave to appeal under Article 185(3) of the Constitution against the January 3 order by a single member bench of the Peshawar High Court.
Gohar prayed the apex court to grant leave to appeal against the PHC order, set aside the same and restore the interim relief in the interest of justice.
The PTI contended that the Election Commission’s application was not admissible in the case, adding that the electoral body could not be a party to the case.
It further contended that the Election Commission’s decision lacked evidence adding that the Peshawar High Court did not take into account the facts, and that the legal requirements were not fulfilled before the decision was announced.
The petition alleged that unlike other political parties, the PTI was being discriminated against. APP adds: Meanwhile, the Lahore High Court (LHC) Thursday dismissed a petition, challenging the Election Commission’s order declaring the intra-party elections of PTI unconstitutional.
The court held that the petition was not maintainable at this stage in light of the Supreme Court judgments and pendency of identical matters before different benches of the Peshawar High Court.
Justice Jawad Hassan announced the reserved verdict on a petition, filed by Chaudhry Umar Aftab Dhillu, Sheikhupura District PTI president, and others. The court had reserved the verdict after hearing arguments of the parties a day earlier.
In his arguments, the petitioners’ counsel argued that the PTI intra-party elections were held in accordance with the party constitution, and all required documents had been submitted to the ECP as per the Elections Act.
However, the ECP declared the appointment of PTI officials as void and also revoked the party’s election symbol ‘’bat’’, he added. He submitted that there was no justification to declare the intra-party elections as void and revoke the party’s election symbol.
He termed the ECP order discriminatory and pleaded with the court to set aside the order. However, a federal law officer submitted that the petition was not maintainable, as the petitioners did not have any locus standi in view of pendency of identical matter in the Peshawar High Court.
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