Body blow to PTI as ECP withholds ‘bat’ symbol

ISLAMABAD: The Election Commission of Pakistan (ECP) Friday declared Pakistan Tehreek-e-Insaf ineligible to obtain the election symbol bat as it failed to hold intra-party polls as per its constitution, the Elections Act and Election Rules 2017.

Announcing its reserved verdict, a five-member ECP bench — headed by Chief Election Commissioner Sikandar Sultan Raja — declared PTI’s intra-party elections unlawful. The 11-page order, drafted by Justice (retd) Ikramullah Khan, was issued in the evening. The five-member bench’s verdict was reserved a few days ago on the intra-party polls of PTI, which were challenged by over a dozen complainants, including its founder member Akbar S Babar.

Likewise, the ECP political finance wing had also raised multiple questions regarding the related documents submitted to the commission. “So keeping in view the clear mandate of Elections Act 2017 read with PTI constitution 2019, and for reasons mentioned hereinabove, it is held that PTI has not complied with our directions rendered therein order dated November 23rd, 2023 and failed to hold an intra-party election under PTI prevailing Constitution 2019, Election Act 2017, and Election Rules 2017,” the order read.

The order continued, “Therefore, the certificate dated 4th December 2023 and Form-65 filed by the alleged Chairman, is hereby regretted and rejected accordingly. The provisions of Section 215 of the Election Act 2017 are hereby invoked and PTI is hereby declared ineligible to obtain, the election symbol, for which they have applied.”

The bench noted that on December 2, 2023, the allegedly newly-elected chairman of PTI submitted the intra-party election-related documents, the certificate regarding the intra-party election and Form-65 before the ECP. “All the objections raised by the political finance wing were placed before the commission and it was decided by the commission that notices be issued to PTI to explain, clarify and satisfy the commission concerning the objections raised on the intra-party election documents submitted in the office of political finance wing.

“On other hand, thereafter the alleged intra-party election of PTI, petitioners also filed various petitions in the shape of complaints whereby they have raised serious objection over the alleged intra party election and all have raised a common objection that the PTI has not conducted its intra-party election in accordance with the provisions of PTI Constitution 2019 but have held the election in a clandestine and secret manner,” the order said.

The bench said that no member was allowed to contest the election; that neither any nomination forms were issued nor available with any office of PTI; that no notice in respect thereto holding of intra-party election was ever published in any daily newspaper or displayed on notice board of the main Secretariat Office of PTI.

All the petitioners have common prayers that the PTI has not conducted its intra-party election and the documents submitted before the ECP are not based on reality, however, made by some interested persons to avoid consequences of Section 215 of Election Act 2107 and to get the election symbol, that the directions rendered by this Commission vide its Order, dated 23.11.2023 is not complied within its letter and spirit, therefore, the alleged intra party election of PTI be declared null and void and PTI be once again directed to hold intra party election strictly under the PTI Constitution 2019.

The ECP political finance wing during the hearing handed over a comprehensive questionnaire, which covered all the objections raised over the intra-party election. It would not be out of context to refer to the previous elections allegedly held by the PTI on 10.06.2022 (however, the said date was not confirmed). The said election was declared void and not accepted by this Commission vide Order, dated 23.11.2023. “…Every political party so formed shall enlist itself with Election Commission of Pakistan, and bound to submit its constitution, the certificate in Form-65 in regard to intra-party election as well as all the relevant information required under Section 209 of the Elections Act 2017, a copy of consolidated statement of its accounts under section 210 of the Act and list of 2000 members, etc,” it said. The PTI, the order noted, had submitted before the ECP its constitution with the name of PTI Constitution 2019, which had been approved by the concerned party body, i.e. National Council on 01.05.2019…Likewise, office bearers were elected at provincial and local level seats. However, somewhere in the year 2018 or 2019, the secretary general mentioned above was replaced by the party chairman and Asad Omar was elected thereafter as secretary.

Geo News reported that with the elections being declared unlawful, Barrister Gohar Ali Khan, who replaced Khan as the party’s chairman, is no longer the party’s top head. The party also seems to be running out of time as the extended deadline for submitting the nomination papers expires on Sunday and the party only has one day (Saturday) to move courts against the ECP’s decision. The PTI has complained repeatedly that it is being targeted and not being given a level playing field, but on Friday, just hours before the order, the ECP had assured the party it would be provided equal opportunities.

Terming it a “conspiracy” against the ex-ruling party, PTI’s now-former chairman Barrister Gohar Ali Khan announced that they would approach a high court against stripping the party of its iconic election symbol — ‘bat’. Talking to Geo News, Barrister Gohar said his party already had concerns about the ECP from the day one. He accused the electoral watchdog of not monitoring any other party as it focused on his party’s matters. “We held the intra-party elections as per the party law and constitution. We had asked ECP to inform us which law or section of the Constitution had been violated during the PTI intra-party polls.” “We will not boycott the elections, we have a plan B,” Barrister Gohar told Geo News, without elaborating what the strategy was, as his party remains under immense pressure after back-to-back challenges.

In its reply filed in the Peshawar High Court (PHC), the ECP did not say a single word about it, the PTI leader said and asked which section of the Elections Act 2017 was violated by his party. Reacting to the development, the PTI spokesperson also rejected the ECP’s decision and called it extremely flawed, illegal, biased and a massive attack on the transparency of general elections. “The ECP has tried to play with the Constitution, democracy and general elections. It is a key facilitator in the ongoing deviations from the Constitution,” he alleged.

Through its decision, the spokesperson said, the commission had taken a step towards the implementation of the London Plan’s last part. “The ECP decision will be challenged before higher judiciary. PTI will contest polls with bat as its symbol and achieve a historic success,” he said.

Meanwhile, Akbar S Babar welcomed the ECP verdict and called it a milestone, which would help democratize the political parties, which otherwise are merely individual and family fiefdoms and a ladder to reach power corridors. “I hope that the higher judiciary will, when this matter comes before them, also look in the perspective that it is fundamental for political parties to be democratic and intra-party polls are not merely an exercise done on a computer but a serious exercise to lay foundation of democracy,” he remarked.