Peshawar High Court reserves its verdict on ECP’s appeal against restoration of PTI's electoral symbol

Peshawar: A High Court in Pakistan on Wednesday reserved its verdict on the review pleas filed by the election commission against its decision to suspend the electoral watchdog’s declaration of Pakistan Tehreek-e-Insaf party's organisational polls as void and the re­vocation of its election symbol.

The election symbol of jailed former Prime Minister Imran Khan's party is a cricket bat.

The former cricketer-turned-politician's Pakistan Tehreek-e-Insaf (PTI) party faces uncertainty over its electoral symbol as the Election Commission of Pakistan (ECP) last month rejected its intra-party elections and deprived the party of its cricket bat symbol.

Barrister Gohar Khan, a close aide of Imran Khan, was elected as the party's new chairman in the internal elections in December.

The party challenged the verdict in the Peshawar High Court which on December 26 suspended the ECP’s declaration of the PTI's intra-party polls as unconstitutional as well as the subsequent revocation of the party’s iconic symbol. The election commission challenged the high court verdict.

The Peshawar High Court (PHC) on Wednesday reserved its verdict on review pleas filed by ECP against the high court's decision to suspend the electoral watchdog’s declaration of PTI’s intra-party polls as void and the re­vocation of its election symbol, the Dawn newspaper reported.

The court reserved its verdict after hearing arguments from both the PTI and ECP counsels.

A day earlier, the ECP counsel presented his arguments, while the PTI lawyers remained absent. Subsequently, the court issued a notice to the PTI for the completion of arguments.

During the hearing on Wednesday, presided over by Justice Ejaz Khan, ECP counsel Sikandar Basheer Mohmand and PTI lawyers Qazi Anwar and Shah Faisal appeared in court.

PTI counsel Anwar stated that the ECP was not a judicial institution, adding that seeking court intervention for or against its verdict constituted contempt of court.

He explained his absence in court on Tuesday, citing delays caused by security personnel stopping his vehicle at four different points.

Anwar reflected on the changed circumstances on Wednesday, stating, “During the tenures of Gen Ziaul Haq and Gen Pervez Musharraf, no one bothered my family, but I cannot say the same about the current situation.” Justice Khan said the court had nothing to do with what was happening outside the court.

The PTI counsel inquired about the ECP’s authority to challenge a high court order. He pointed out that the ECP had not yet issued a certificate for PTI’s intra-party polls and expressed concern about the approaching deadline of January 9.

Anwar further questioned the ECP, seeking an explanation for the rejection of nomination papers for PTI candidates. In response, the judge affirmed, “We will ask them (the commission) about it.” Anwar went on to claim that all parties, except the PPP, hatched a conspiracy to keep the PTI out of the electoral battle. He further asserted that the Constitution mandated free and fair elections.

For his part, the ECP lawyer noted that the PTI had secured a stay order against the commission’s verdict. “We have the authority to file a writ,” he said.

He clarified that the ECP did not delist any party, adding that while the PTI remained a listed party, it failed to conduct elections under the rules.

Explaining the decision to nullify the intra-party polls, the ECP counsel informed the court that the polls were declared null and void because “they were not according to the Constitution”.