<\/p>\n
The PTI on Thursday approached the Supreme Court (SC) against the Peshawar High Court\u2019s (PHC) decision<\/a> to restore an Election Commission of Pakistan (ECP) ruling revoking the party\u2019s \u2018bat\u2019 electoral symbol over discrepancies in holding intra-party elections.<\/p>\n The petition has been fixed for hearing for tomorrow (Friday).<\/p>\n On December 22, the ECP had stripped<\/a> the party of its electoral symbol for the February 8 election, saying that it had had failed to hold intra-party polls \u2014 which saw Barrister Gohar Khan becoming the PTI chairman<\/a> \u2014 in accordance with its prevailing constitution and election laws.<\/p>\n The PTI had approached the PHC against the decision of the ECP and on Dec 26, a single-member bench of the high court ordered a temporary suspension<\/a> of the ECP\u2019s decision, instructing the commission to publish PTI\u2019s intra-party poll certificate on its website and restore the party\u2019s election symbol \u2018bat\u2019. That order had to remain in effect till Jan 9.<\/p>\n Subsequently, the ECP had filed an intra-court appeal in the PHC against the verdict. The commission\u2019s lawyers argued<\/a> that the court had overstepped its jurisdiction by suspending the commission\u2019s declaration on PTI\u2019s intra-party polls and the subsequent revocation of its election symbol.<\/p>\n A day earlier, the PHC had accepted the commission\u2019s review plea and decided that the high court\u2019s interim order on Dec 26 was an \u201cex parte order\u201d as the same was passed without providing any opportunity for a hearing to the commission.<\/p>\n \u201cUnder the election laws the whole exercise of holding and conducting an election i.e. right from the issuance of notification of holding an election till the publication of names of the successful; candidates in the official gazette, is a time-bound exercise, therefore, the said order has prima facie created hindrance in the smooth process of the election which is to be conducted by the ECP [\u2026] on the instant 8th of February,\u201d the order said.<\/p>\n \u201cIn view of the above, the interim order of this court passed in favour of the writ petitioner\/ PTI is hereby recalled\/vacated and consequently the ECP is directed to proceed with the election process as per its constitutional mandate as well as various orders of the Supreme Court of Pakistan passed in respect of the ensuing election and it shall ensure to conduct and hold free, fair and transparent election,\u201d it added.<\/p>\n The court further pronounced that the grievance of the petitioner as agitated in the main writ petition was to be considered and finally adjudicated upon by this court on the date fixed (Jan 9). It ruled that the said interim order, prima facie, amounted to the grant of final relief for all the legal, factual and practical purposes.<\/p>\n \u201cWhile passing the said order, an aspect of its effectiveness beyond the territorial jurisdiction of this court was not taken into consideration,\u201d the order said.<\/p>\n The petition filed by the PTI in the top court today, a copy of which is available with Dawn.com<\/em>, named the Election Commission of Pakistan (ECP), PTI founding member Akbar S. Babar and 13 others, who had approached the electoral watchdog against the party\u2019s intra-party polls, as respondents.<\/p>\n The plea argued that the interim relief originally granted by the PHC was given after hearing the ECP, which was reflected in the court\u2019s Dec 26 order, therefore yesterday\u2019s PHC verdict was \u201cnot sustainable\u201d.<\/p>\n The plea said that there were 227 reserved seats and without the interim relief order, nomination forms could not have been filed by the candidates contesting for these seats. It further argued that the relief granted by the PHC was not \u201cfinal\u201d and the order was only operative till Jan 9. It said that the court had not disposed of the entire matter, terming yesterday\u2019s verdict \u201cmisconceived\u201d.<\/p>\n It contended that the high court\u2019s jurisdiction extended to examining the validity of the orders passed by the ECP. \u201cIf territorial effectiveness or an order of the High Court is to be seen as observed by the learned single judge, then in every case one will have to [approach] all five high court and [have] all high courts to pass the same order for it be implemented all over Pakistan,\u201d it said.<\/p>\n It said that the ECP did not have the jurisdiction to challenge the \u201cinternal appointments\u201d of PTI officials or set aside the party\u2019s intra-party elections and declare them void. The petition said the ECP was not a \u201ccourt of law\u201d, reiterating that it could not question the appointments made by a political party or examine the validity of intra-party polls.<\/p>\n The petition said that \u201cperusal of Election Act 2017 showed that political parties are fully empowered to run their affairs and no role of interference of ECP has been envisaged in these provisions at all\u201d.<\/p>\n \u201cThat it is vehemently submitted that PTI has been discriminated against all other political parties who follow less onerous political processes of holding intra-party elections in accordance with their own constitutions,\u201d it said.<\/p>\n The plea further contended that by denying the PTI its election symbol, the election commission had made the party \u201cdysfunctional and has violated Article 17 of the Constitution\u201d.<\/p>\n It said that the right to contest an election under a common symbol could not be taken away, even by the ECP. The petition termed the PHC\u2019s Wednesday order as \u201ctoo harsh, irrational and unreasonable to be sustained\u201d.<\/p>\n \u201cIt is therefore most respectfully prayed that this court may kindly be pleased to grant leave to appeal against the impugned order, set the same aside and restore the interim relief in the interest of justice,\u201d it added.<\/p>\n Speaking to the media in Rawalpindi, PTI leader Latif Khosa said that the electoral watchdog had become a \u201cfacilitator\u201d of sorts, due to which the PHC\u2019s interim relief was revoked.<\/p>\n He said that such tactics demonstrated that the party\u2019s political opponents were not prepared to face it in the electoral battlefield and were engaging in conspiracies.<\/p>\n \u201cWhether we get the \u2018bat\u2019 symbol or not, the PTI as a party will contest [the polls] and it will do so on one symbol,\u201d he said. Khosa said that PTI founder Imran Khan was bent on \u201cserving the nation\u201d and giving them their rights once he was released from jail.<\/p>\n<\/p><\/div>\n","protected":false},"excerpt":{"rendered":" The PTI on Thursday approached the Supreme Court (SC) against the Peshawar High Court\u2019s (PHC) decision to restore an Election Commission of Pakistan (ECP) ruling revoking the party\u2019s \u2018bat\u2019 electoral symbol over discrepancies in holding intra-party elections. The petition has been fixed for hearing for tomorrow (Friday). On December 22, the ECP had stripped the […]<\/p>\n","protected":false},"author":2,"featured_media":43760,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"om_disable_all_campaigns":false,"_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"site-sidebar-layout":"default","site-content-layout":"","ast-site-content-layout":"default","site-content-style":"default","site-sidebar-style":"default","ast-global-header-display":"","ast-banner-title-visibility":"","ast-main-header-display":"","ast-hfb-above-header-display":"","ast-hfb-below-header-display":"","ast-hfb-mobile-header-display":"","site-post-title":"","ast-breadcrumbs-content":"","ast-featured-img":"","footer-sml-layout":"","ast-disable-related-posts":"","theme-transparent-header-meta":"","adv-header-id-meta":"","stick-header-meta":"","header-above-stick-meta":"","header-main-stick-meta":"","header-below-stick-meta":"","astra-migrate-meta-layouts":"default","ast-page-background-enabled":"default","ast-page-background-meta":{"desktop":{"background-color":"var(--ast-global-color-4)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"tablet":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"mobile":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""}},"ast-content-background-meta":{"desktop":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"tablet":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"mobile":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""}},"fifu_image_url":"https:\/\/i.dawn.com\/large\/2024\/01\/04160215108653c.jpg?r=160255","fifu_image_alt":"","footnotes":""},"categories":[10],"tags":[],"class_list":["post-43759","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-pakistan"],"acf":[],"aioseo_notices":[],"_links":{"self":[{"href":"https:\/\/pakistaninewspaperlist.com\/news\/wp-json\/wp\/v2\/posts\/43759","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/pakistaninewspaperlist.com\/news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/pakistaninewspaperlist.com\/news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/pakistaninewspaperlist.com\/news\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/pakistaninewspaperlist.com\/news\/wp-json\/wp\/v2\/comments?post=43759"}],"version-history":[{"count":0,"href":"https:\/\/pakistaninewspaperlist.com\/news\/wp-json\/wp\/v2\/posts\/43759\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/pakistaninewspaperlist.com\/news\/wp-json\/wp\/v2\/media\/43760"}],"wp:attachment":[{"href":"https:\/\/pakistaninewspaperlist.com\/news\/wp-json\/wp\/v2\/media?parent=43759"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/pakistaninewspaperlist.com\/news\/wp-json\/wp\/v2\/categories?post=43759"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/pakistaninewspaperlist.com\/news\/wp-json\/wp\/v2\/tags?post=43759"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}PTI will contest poll, asserts Khosa<\/h2>\n