In a recent development, the Supreme Court of Pakistan has annulled the decision of the Peshawar High Court (PHC), which earlier ruled in favor of the Pakistan Tehreek-e-Insaf (PTI) in the dispute over the party’s election symbol, the Bat. This decision, which allows PTI to conduct elections with its symbol, has been overturned by the Supreme Court, stripping PTI of its election symbol once again.
The Election Commission of Pakistan (ECP) had issued a notice to PTI on May 24, 2021, directing the party to hold intra-party elections. Despite PTI’s argument for a one-year extension due to the COVID-19 pandemic, the ECP set a deadline for intra-party elections by June 13, 2022, with a clear warning of consequences for non-compliance.
While PTI claimed to have conducted intra-party elections on June 8, 2022, the ECP, in its order dated September 13, 2023, declared the elections as non-transparent and directed PTI to conduct them strictly in accordance with the party constitution within twenty days. Failure to do so would render PTI ineligible to obtain an election symbol.
PTI challenged the ECP’s order before the Lahore High Court (LHC). Simultaneously, another writ petition was filed in the Peshawar High Court (PHC), which directed the ECP to decide the matter by December 22, 2023. The ECP, in its order on December 22, 2023, declared PTI ineligible to obtain the election symbol.
The PHC, through a short order on January 10, 2024, allowed PTI’s petition and overturned the ECP’s decision. However, the Supreme Court, led by Chief Justice Qazi Faez Isa, has now set aside the PHC’s order, upholding the ECP’s decision and reinstating PTI’s ineligibility to obtain the election symbol. The Supreme Court deemed the ECP’s actions fair and non-discriminatory, emphasizing the importance of intra-party elections for a healthy democratic process.
This ruling raises significant implications for PTI’s participation in upcoming elections and underscores the broader legal framework surrounding intra-party elections in Pakistan.
The detailed judgement failed to examine the missing and abducted members of the PTI the most significant and imperative point in holding the intra party election which if would have been held would violate there right and the imprisonment of chairman for the last 4 months was completely ignored. The legal community raised rage and anger against the decision.
