SC to Hear ECP Petition Against PHC Decision on PTI’s Bat Symbol

Thu Jan 11 2024
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ISLAMABAD: The Supreme Court of Pakistan on Thursday fixed the Election Commission of Pakistan (ECP) petition against the Peshawar High Court’s (PHC) decision to restore the Pakistan Tehreek-e-Insaf (PTI) bat symbol for hearing.

A three-member bench led by Chief Justice Qazi Faez Isa and comprising Justice Muhammad Ali Mazhar and Justice Musarrat Hilali will hear the plea on Friday.

Earlier today, the ECP submitted a petition in the apex court against the ECP decision that invalidated the ECP’s ruling on PTI’s intra-party polls and removal of its bat electoral symbol. The Supreme Court registrar returned the plea, stating that the attached documents were unreadable.

Earlier today, the ECP had challenged the PHC’s decision in the Supreme Court, seeking to overturn the verdict that invalidated its decision on PTI’s intra-party polls and the withdrawal of its bat symbol.

In its plea submitted to the top court, the ECP argued for the PHC decision to be declared illegal, asserting that the PTI failed to conduct intra-party elections in compliance with the Election Act. This move followed a meeting where the ECP reviewed the PHC verdict and discussed the possibility of approaching the Supreme Court.

PTI Lodges Contempt of Court Petition Against ECP in PHC 

Shortly before filing the plea, the PTI lodged a contempt of court petition against the ECP, citing non-compliance with the PHC order regarding the party’s election symbol and intra-party polls. The PTI claimed that despite the PHC’s directive, the ECP did not upload the certificate related to PTI’s intra-party elections on its website, constituting contempt of court. The respondents in the case include Chief Election Commissioner Sikander Sultan Raja, ECP members, and the secretary.

Earlier in the day, PTI’s chief election commissioner, Niazullah Niazi, personally submitted a certified copy of the PHC decision to the ECP.

Peshawar High Court Decision

The PHC had issued a short order a day prior, declaring the ECP’s decision of December 22, 2023, as “unconstitutional, without any lawful authority and of no legal effect.” The court directed the ECP to publish the certificate of PTI’s intra-party polls on its website and issued the election symbol ‘bat’ under the Election Act.

Following the PHC verdict, the ECP held a brief consultative meeting to discuss legal and constitutional aspects arising from the restoration of the ‘bat’ symbol for the PTI. The ECP will allocate poll symbols to candidates on January 13, and the list sent on Tuesday did not include over a dozen symbols, including the ‘bat.’

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