Will PTI get ‘bat’ poll symbol? — all eyes on ECP

PESHAWAR/ ISLAMABAD: The Peshawar High Court (PHC) Thursday ordered the Election Commission of Pakistan (ECP) to decide on the Pakistan Tehreek-e-Insaf’s intra-party election case and allocation of bat symbol for polls, as per law, on Friday (today).

Pakistan Tehreek-e-Insaf (PTI) Chairman Barrister Gohar Ali Khan told the court that if the ECP did not recognise party’s intra-party elections, the party would not be allotted bat as the election symbol. He stated that the ECP had delayed its decision too much for the reasons best known to the commission. He said the PTI candidates would be considered independent if they were not allotted bat as the election symbol by December 22.

The PHC division bench comprising Justice SM Attiq Shah and Justice Shakil Ahmad announced the reserved verdict and disposed of the petition after issuing directions to the ECP to decide on the case in question as per law.

The PHC had reserved its verdict in the case related to the ECP notice against PTI’s intra-party polls that could jeopardise the party demand for bat as its election symbol.

“We are well aware of the prevailing situation in the country. The Supreme Court had also ordered for provision of equal opportunities and level playing field to all political parties,” Justice SM Attiq Shah remarked.

Barrister Gohar Khan, at the start of hearing, informed the court that the party did not approach the Islamabad High Court because they feared that their leaders might be arrested.

All the high courts and Supreme Court could issue directives to the federation as they were units of the federation, he added.

He said that the court was well aware of the ground realities as most of the PTI leaders had gone into hiding due to the government crackdown and harassment while there was a biometrics system at the IHC for which the presence of the party leaders was compulsory.

He argued that the procedure of intra-party elections had to be decided by the party itself, not any other forum. He also pleaded that his party was not being provided level playing field and treated indiscriminately.

Justice SM Attiq asked the PTI chairman who made the intra-party elections controversial? Barrister Gohar replied that the person who had lodged the complaint in the ECP was not a member of the party, and he also produced a list of the PTI registered members.

Barrister Gohar said the ECP had issued a notice to the PTI on its intra-party elections while December 22 was the last day for filing nomination papers for general election.

He said that there was no concept of intra-party elections in the 1962 Political Parties Act. He presented a record that the intra-party elections were directed to be held through secret ballot in 2002. Justice SM Attiq Shah inquired whether they would be given an election symbol before the general election. To this, Barrister Gohar replied that the ECP had said it would reissue the election symbol for every election and that they were not being issued their election symbol of bat.

He also pleaded that they held intra-party elections and submitted the certificate to the ECP in seven days. However, the ECP had not yet issued their intra-party elections results on its website.

When the bench asked what the harm was of not issuing the party results on the website, Barrister Gohar responded that they would not be allotted their election symbol if the results were not made public by the Commission.

To the court query, the ECP counsel stated that the election results were published on the commission’s website after complete satisfaction about veracity of the polls process and authenticity of results.

Later on, talking to the media on PHC premises, Barrister Gohar Ali said his party had an alternative plan for contesting general election if it was denied bat symbol by the ECP. “We have already drawn up the Plan-B,” he revealed.

He insisted that the PTI had held the intra-party election as per law and the Constitution, but lamented that the ECP had not posted the result to this effect on its website.

He was critical of those who had moved the ECP against the PTI intra-party election and termed them planted elements. However, he said, the PTI did not favour the resignation of the CEC as that was feared to delay elections.

“The Supreme Court of Pakistan has set the date for the general election, which is February 8, 2024. We, too, want elections on that date,” he added.

He feared horse-trading if the bat symbol was denied to the PTI and his party candidates won the election as independent candidates. “Pressure would be exerted on our elected members to force them to join other parties,” he explained while expressing his apprehensions.

The PTI chief ruled out alliance with any political party for the general election. “The PTI will not enter into an electoral alliance with any political party. Five political parties are joining hands against our party but we will defeat them despite that,” he said.

The PTI chief feared that the situation would turn ugly if any bid was made to keep PTI out of the ballot. He said former prime minister Imran Khan had not been disqualified so far and hence he would contest the general election. “Imran Khan will contest from Islamabad, Lahore and Mianwali,” he added.

Meanwhile, the PTI moved the Supreme Court (SC) on Thursday, seeking level playing field as a requirement of free and fair elections in the country, alleging that the district authorities and provincial and federal governments were not treating it on a par with the other political parties.

Barrister Gohar Ali filed a petition in the apex court under Article 184(3) of the Constitution making the federation of Pakistan through its secretary, Ministry of Interior, ECP and chief secretaries of Punjab, Khyber-Pakhtunkhwa (KP), Sindh and Balochistan respondents.

He prayed to the apex court to direct the respondents to provide level playing field to the PTI for the purpose of free and fair elections, in the interest of justice. He prayed that respondents should be restrained from harassing the party workers and leaders and they should be allowed to participate in the election process without any discrimination.

The PTI chairman questioned as to whether the ECP was not under a constitutional duty to conduct free and fair elections and facilitate the largest and most popular political party in the country by providing level playing field for the purpose of free and fair elections?

Whether arresting, harassing and snatching of nomination forms, obtained from different returning officers, from workers and leaders of PTI was not illegal, unlawful and against the fundamental rights, guaranteed under the Constitution, the PTI chairman asked.

He questioned as to whether the returning officers and the ECP were not under legal obligation to give free and fair environment and treat PTI on a par with other political parties?

He asked whether not providing level playing field to the PTI, and harassing, threatening and abducting party members and snatching nomination forms from them was not a serious threat to democracy?

Gohar informed the SC that he had approached the ECP by filing an application on Dec 19 for conducting free and fair elections while directing all authorities and parties concerned to act impartially and provide a level playing field. Unfortunately, he added, the ECP remained passive and till date, no order for transparency and fairness of elections had been made, which was damaging the integrity of the Islamic Republic of Pakistan.

Feeling aggrieved, the petitioner also filed a writ petition before the Lahore High Court Rawalpindi Bench, which was yet not fixed, the PTI chairman submitted.

He contended that the district management/ provincial and federal governments were not treating the PTI on a par with the other political parties. He pointed out that even after issuance of schedule by the ECP, the PTI was not being allowed worker conventions, corner meetings or any such political gatherings, which were guaranteed to every other political party in Pakistan.

He informed the apex court that FIRs were being registered over political activities, raids were being conducted at the houses of PTI leadership/ workers, orders under 3 MPO were being passed and all illegal, unconstitutional, tyrannical atrocities were being carried out in violation of the Constitution, the Elections Act, 2017 and most importantly, against the fundamental rights of the citizens of the Islamic Republic of Pakistan.

He submitted that December 20, 2023 was the first day for the submission of nomination forms, according to the schedule issued by the ECP, adding that different PTI workers and leaders obtained nomination forms from different returning officers but not only were those citizens arrested but in some cases the nomination forms were snatched from the party workers/leaders.