ISLAMABAD: The PTI on Thursday approached the Supreme Court (SC) against the Peshawar High Court’s (PHC) decision to restore an Election Commission of Pakistan (ECP) ruling revoking the party’s ‘bat’ electoral symbol over discrepancies in holding intra-party elections.
The petition has been fixed for a hearing for tomorrow (Friday).
On December 22, the ECP stripped the party of its electoral symbol for the February 8 election, saying that it had failed to hold intra-party polls — which saw Barrister Gohar Khan becoming the PTI chairman — by its prevailing constitution and election laws.
The PTI had approached the PHC against the decision of the ECP and on Dec 26, a single-member bench of the high court ordered a temporary suspension of the ECP’s decision, instructing the commission to publish PTI’s intra-party poll certificate on its website and restore the party’s election symbol ‘bat’. That order had to remain in effect till Jan 9.
Subsequently, the ECP filed an intra-court appeal in the PHC against the verdict. The commission’s lawyers argued that the court had overstepped its jurisdiction by suspending the commission’s declaration on PTI’s intra-party polls and the subsequent revocation of its election symbol.
A day earlier, the PHC had accepted the commission’s review plea and decided that the high court’s interim order on Dec 26 was an “ex parte order” as the same was passed without providing any opportunity for a hearing to the commission.
“Under the election laws the whole exercise of holding and conducting an election i.e. right from the issuance of notification of holding an election till the publication of names of the successful; candidates in the official gazette, is a time-bound exercise, therefore, the said order has prima facie created hindrance in the smooth process of the election which is to be conducted by the ECP […] on the instant 8th of February,” the order said.
“In view of the above, the interim order of this court passed in favour of the writ petitioner/ PTI is hereby recalled/vacated and consequently the ECP is directed to proceed with the election process as per its constitutional mandate as well as various orders of the Supreme Court of Pakistan passed in respect of the ensuing election and it shall ensure to conduct and hold free, fair and transparent election,” it added.
The court further pronounced that the grievance of the petitioner as agitated in the main writ petition was to be considered and finally adjudicated upon by this court on the date fixed (Jan 9). It ruled that the said interim order, prima facie, amounted to the grant of final relief for all the legal, factual and practical purposes.
“While passing the said order, an aspect of its effectiveness beyond the territorial jurisdiction of this court was not taken into consideration,” the order said.
The petition filed by the PTI in the top court today, a copy of which is available with Dawn.com, named the Election Commission of Pakistan (ECP), PTI founding member Akbar S. Babar and 13 others, who had approached the electoral watchdog against the party’s intra-party polls, as respondents.
The plea argued that the interim relief originally granted by the PHC was given after hearing the ECP, which was reflected in the court’s Dec 26 order, therefore yesterday’s PHC verdict was “not sustainable”.
The plea said that there were 227 reserved seats and without the interim relief order, nomination forms could not have been filed by the candidates contesting for these seats. It further argued that the relief granted by the PHC was not “final” and the order was only operative till Jan 9. It said that the court had not disposed of the entire matter, terming yesterday’s verdict “misconceived”.
It contended that the high court’s jurisdiction extended to examining the validity of the orders passed by the ECP. “If territorial effectiveness or an order of the High Court is to be seen as observed by the learned single judge, then in every case one will have to [approach] all five high court and [have] all high courts to pass the same order for it be implemented all over Pakistan,” it said.
It said that the ECP did not have the jurisdiction to challenge the “internal appointments” of PTI officials or set aside the party’s intra-party elections and declare them void. The petition said the ECP was not a “court of law”, reiterating that it could not question the appointments made by a political party or examine the validity of intra-party polls.
