In a significant development, the Peshawar High Court (PHC) has overturned the stay order granted by its single-member bench, reinstating the Election Commission of Pakistan’s (ECP) decision to invalidate the intra-party polls of the Pakistan Tehreek-e-Insaf (PTI) and strip it of its election symbol, the bat.
The verdict was announced by Justice Ejaz Khan, who had reserved the decision earlier in the day. The ECP’s lawyer, Sikander Bashir Mohmand, and PTI’s legal team, consisting of Advocates Shah Faisal Uthmankhel and Qazi Anwar, were present during the court proceedings.
The ECP had filed a review petition against the PHC’s December 26 decision, which had temporarily suspended the ECP’s order and restored the PTI’s ‘bat’ symbol until a final decision was reached. The ECP’s initial order had declared the PTI’s intra-party polls as “illegal” and revoked its right to use the ‘bat’ symbol. In response, the PTI approached the PHC, seeking the restoration of its party symbol ahead of the upcoming general elections on February 8.
During the hearing, Advocate Anwar, representing the PTI, emphasized that political parties expressed their support for the ECP in court. Justice Khan reminded him that actions outside the court had no bearing on the legal proceedings. The PTI’s lawyer questioned the ECP’s right to challenge a high court ruling and highlighted that the PHC’s verdict on December 26 had not been implemented.
Justice Khan inquired about the PTI’s decision to file a contempt case, to which the PTI’s counsel stated that sidelining a political party was detrimental to both the ECP and democracy. He emphasized the PTI’s commitment to free and fair elections and questioned the ECP’s authority to challenge a high court order.
In response, the ECP’s counsel clarified that the body was not removing any political party from the list but required parties to adhere to its laws. Mohmand asserted that the PTI had not conducted intra-party polls, leading to the nullification of the party elections. He requested the court to withdraw the stay order granted to the PTI.
The court then reserved its verdict after considering arguments from both sides.
