The Peshawar High Court has issued a restraining order against the Election Commission’s decision to cancel the intra-party elections of the Pakistan Tehreek-e-Insaf (PTI) and revoke the bat symbol.
The court implemented the injunction following the completion of arguments. As per the court’s ruling, the Election Commission‘s decision will remain suspended until the case is resolved.
The court has directed that the case be heard by a double bench after the holidays.
In the petition filed by Tehreek-e-Insaf in the Peshawar High Court, the challengers included the Election Commission and intra-party election proceedings as parties. The petition sought the annulment of the Election Commission’s decision.
During the hearing, Justice Kamran Hayat Mian Khel presided, with PTI’s legal representatives Ali Zafar, Babar Awan, and PTI Chairman Barrister Gohar presenting arguments.
PTI’s lawyer, Ali Zafar, contended that the Election Commission exceeded its authority. He stated that PTI was instructed to conduct elections within 20 days, and intra-party elections were held on December 3, which the Election Commission acknowledged. Despite confirming the proper conduct of the elections and issuing a certificate, the Election Commission later claimed the elections were valid but objected to the entity conducting them. Zafar argued that the Election Commission’s order was illegal and unconstitutional.
Zafar further mentioned that the Election Commission withdrew PTI’s bat symbol, preventing the party from participating in elections. Without the electoral symbol, specific seats cannot be allocated to the political party, effectively excluding the party from general elections.
In response to Zafar’s arguments, Justice Kamran Hayat inquired about the petitioners mentioned in the Election Commission’s decision. Zafar clarified that the Election Commission itself became a party, and the petitioner is not a PTI member. While acknowledging a fine for not conducting elections, Zafar emphasized that the severe punishment of being excluded from the elections is unwarranted.
The court noted the Election Commission’s assertion that Omar Ayub is not the General Secretary and questioned the appointment of the Chief Election Commissioner. Zafar argued that these issues do not justify annulling intra-party elections, suggesting that those with objections should resort to the civil court, as per constitutional and legal provisions.
It’s important to note that last week, the Election Commission of Pakistan withdrew the bat symbol from the Pakistan Tehreek-e-Insaaf due to the party’s failure to conduct intra-party elections in accordance with its constitution.
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