ISLAMABAD: The Supreme Court of Pakistan on Saturday annulled the Peshawar High Court’s (PHC) January 10 decision and deprived Pakistan Tehreek-e-Insaf (PTI) of its iconic ‘Bat’ symbol for the upcoming general elections 2024.
Chief Justice of Pakistan (CJP) Qazi Faez Isa read the short verdict on the ECP petition challenging the PHC order that reinstated ‘Bat’ as PTI’s electoral symbol for the upcoming general elections.
The apex court bench approved the Election Commission of Pakistan’s (ECP) appeal against Peshawar High Court (PHC) verdict and declared that PTI failed to conduct fair intra-party elections.
Earlier today, the Supreme Court had reserved its verdict on the Election Commission of Pakistan’s (ECP) petition challenging the restoration of the Pakistan Tehreek-e-Insaf’s (PTI) bat electoral symbol by the Peshawar High Court (PHC) on January 10.
A three-member bench, led by Chief Justice of Pakistan (CJP) Qazi Faez Isa and including Justice Muhammad Ali Mazhar and Justice Musarrat Hilali, heard the case throughout the day.
The electoral dispute began when the ECP, on December 22, barred PTI from using the ‘bat’ symbol in the upcoming February 8 general elections, over irregularities in PTI’s December 2 intra-party elections. The PHC, in response to PTI’s challenge, reinstated the bat symbol on January 10, terming the ECP’s decision “illegal” and “of no legal effect.”
The drama unfolded further when, following the PHC’s initial ruling, PTI withdrew its appeal from the Supreme Court, seemingly confident of a favorable outcome from the PHC. Indeed, the PHC upheld PTI’s position, prompting the ECP to challenge this decision in the Supreme Court.
During the hearing, PTI’s counsels argued against the ECP’s jurisdiction, contending that the electoral body lacked the authority to intervene in the party’s internal matters. They claimed bias on the part of the ECP and asserted that the commission had no right to declare intra-party polls null and void.
The lawyers argued that the ECP’s behavior was inconsistent with Article 22 and Article 25 of the Constitution, emphasizing that the commission should not interfere in internal party matters.
ECP’s lawyers, in response, maintained that the PHC exceeded its authority, emphasizing that only Parliament has the power to render any section of the Election Act or the Constitution ineffective.
Chief Justice Qazi Faez Isa questioned whether PTI’s intra-party polls adhered to legal requirements. PTI’s lawyers maintained that due process was followed in accordance with the party’s constitution.
The court had reserved its verdict after hearing arguments from both sides.
