Intra-party election, bat symbol: PHC issues notices to parties on ECP’s plea

PESHAWAR: The Peshawar High Court (PHC) on Tuesday issued notices to parties on the review petition of the Election Commission of Pakistan against its verdict that had annulled the intra-party election of the Pakistan Tehreek-e-Insaf (PTI) and revoked its election symbol bat.

The single PHC bench comprising Justice Ijaz Khan while hearing the petition issued notices to the parties. During the hearing, Additional Attorney General Sanaullah and Khyber Pakhtunkhwa Advocate General Aamir Javed told the bench that the federal and provincial governments did not want to become respondents in the case. They, however, said the federal and provincial governments could assist the court if the bench deemed it necessary.

Lawyers Sikandar Bashir Mohmand and Mohsin Kamran Siddique appeared for the ECP.

Sikandar Bashir told the bench that it was the responsibility of ECP as per Article 218-3 of the Constitution to ensure the holding of free, fair and transparent elections.

He said it was the duty of the ECP to hear the appeals and objections about the nomination papers of the candidates.

The counsel said the ECP was supposed to ensure the implementation of the code of conduct for the elections and check the illegal practices. On December 26, the PHC suspended the ECP’s decision that had declared unconstitutional the PTI’s intra-party polls and had revoked its election symbol bat. In the review petition, the ECP lawyers took the plea that the PHC’s verdict was against the law as well as the dictum laid down by the Supreme Court. They said that the PHC’s powers were limited to its territorial jurisdiction whereas the PTI’s election symbol was to be allocated across the country.

The ECP lawyers requested the PHC to constitute a special bench to hear its review petition.