Intra-party polls, ‘bat’ symbol: PTI pleads with SC to take up PHC decision tomorrow

ISLAMABAD: Pakistan Tehreek-e-Insaf (PTI) Saturday moved the Supreme Court (SC) praying for hearing on Monday (January 8) its appeal against the Peshawar High Court (PHC) order, restoring the Election Commission of Pakistan (ECP) decision, nullifying the party’s intra-party polls and revoking ‘cricket bat’ as its electoral symbol.

PTI Chairman Gohar Ali Khan filed an application in the apex court, praying for fixing the appeal on January 8. Explaining urgency of the matter, he contended that it was an election matter and involved election symbol of a political party. He stated that if the matter was not taken up and heard immediately, the party would be out of process and all its candidates would contest elections under separate symbols. It might result in violation of the floor crossing law, ultimately leading to corruption, he contended.

Moreover, the applicant would have no share out of the 227 reserved seats, the PTI chairman submitted and prayed that the titled petition might be fixed for Monday in the interest of justice.

On January 4, the PTI chairman had filed in the apex court civil petition for leave to appeal under Article 185(3) of the Constitution against the order passed on January 3, 2024 by a single bench of the PHC. He prayed to 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 had contended that the ECP application was not admissible in the case, adding that the electoral body could not be a party to the case. He alleged that unlike other political parties, the PTI was being discriminated against.

The PHC on January 3, 2024 had restored the decision of the ECP order of December 22, declaring the PTI Intra-party elections as unconstitutional.

A single bench of the high court — headed by Justice Ijaz Khan — vacated the single bench’s Dec 26 stay order, which had suspended the ECP’s decision till January 9 and allowed the PTI to use ‘bat’ as its symbol.

In its six-page order, the PHC noted that its earlier verdict had “prima facie created hindrance in smooth process of the election which is to be conducted by the ECP”. “...the interim order of this court passed in favour of the PTI is hereby recalled and consequently the Election Commission of Pakistan is directed to proceed with the election process as per its constitutional mandate.”

“... whereas the grievance of the petitioner as agitated in the main writ petition is to be considered and finally adjudicated upon by this court on the date fixed.”