Change of electoral symbol: PHC directs ECP to take action against RO

PESHAWAR: The Peshawar High Court (PHC) on Monday expressed annoyance over changing the electoral symbol of Pakistan Tehreek-e-Insaf (PTI) provincial president Ali Amin Gandapur contesting the election for one national and two provincial assembly seats and directed the Election Commission of Pakistan (ECP) to take action against the returning officer (RO) concerned.

A two-member bench comprising Justice Shakeel Ahmad and Justice Waqar Ahmad heard the case.Justice Shakeel Ahmad remarked if the law of the jungle prevailed in the country. Expressing annoyance, the bench asked what would happen if the judiciary as well as the ECP closed their eyes. The bench inquired whether the ECP had taken action against the RO in question or was he (RO) authorized to change the electoral symbol of a candidate after allotting him one.

The bench observed that the RO should be made to bear the cost if the ballot papers had been printed.Appearing for the petitioner, Shah Faisal Advocate told the bench that Ali Amin Gandapur was contesting the election for one national and two provincial assembly seats. He said that they had submitted an application to the RO seeking the allotment of a single electoral symbol for the three constituencies.

The counsel said the returning officer first allotted the candidate the electoral symbol of “queen” and later changed it and gave him “radio” as symbol for the election. He said that his client was allotted the electoral symbol of “bottle” and “stethoscope” for the two provincial assembly constituencies. Shah Faisal said that they had requested the RO to allot them the same symbol for the three constituencies.

Justice Shakeel Ahmad inquired whether the RO had the authority to change a symbol after allotting it. He asked that under what law, the election symbol was changed after it had been allotted. Mohsin Kamran Siddique representing the ECP at the court conceded during the hearing that it was the right of the candidate to be given the same symbol.Justice Shakeel Ahmad said that the electoral symbol was very important for a candidate and how RO behaved in an irresponsible manner.

He asked the ECP lawyer to inquire whether the printing of the ballot papers had started? The hearing was stopped for a while. When the hearing resumed, the counsel for the ECP told the bench that he had contacted the ECP officials in Islamabad and he was informed that the ballot papers were yet to be printed. Justice Shakeel Ahmad said that allotting a symbol to a candidate and later withdrawing it was against the rules. He directed the ECP to take action as per the law against the RO.