By Noman Jan
PESHAWAR: A single-member bench of the Peshawar High Court (PHC) on Wednesday
withdrew the stay order granted on December 26 and restored the Election Commission of
Pakistan’s (ECP) order on Pakistan Tehreek-e-Insaf’s (PTI) electoral ‘bat’ symbol and intra-party
polls.
A single-member bench comprising Justice Ejaz Khan announced the verdict that the court had
reserved hours earlier.
In its six-page order, the PHC noted that its earlier verdict had “prima facie created hindrance in
the smooth process of the election which Is to be conducted by the ECP”.
“…the interim order of this court passed in favour of the PTI is hereby recalled and
consequently the Election Commission of Pakistan is directed to proceed with the election
process as per its constitutional mandate.”
Election commission’s lawyer Sikander Bashir Mohmand and PTI’s legal team — comprising
Advocates Shah Faisal Uthmankhel and Qazi Anwar — appeared in the courtroom.
The electoral body had filed a review petition at the high court against the PHC’s December 26
decision, which had suspended the ECP’s order and restored the party’s ‘bat’ symbol till a final
decision on the matter.
The ECP, in its order on December 22, had declared PTI’s intra-party polls “illegal” and stripped
it of using the ‘bat’ symbol.
Following its order, the former ruling party approached the PHC, seeking to restore its electoral
symbol ahead of the general elections slated for February 8, as it is a major voter driving force.
In its petition, the ECP requested the court review the PTI’s intra-party elections and its
decision related to the election symbol.
Barrister Asad Rahim Khan told Thenews.com.pk that following the setback in the PHC, the
party can still knock on the doors of the Supreme Court of Pakistan.
“[However, PTI] also has a division bench hearing in the PHC on the 9th. Depending on that
decision, it can then go to the Supreme Court,” the legal expert added.
Talking to reporters in Rawalpindi, PTI’s former chairman Barrister Gohar Khan said his party
would move the apex court after due deliberations, noting that the SC “would not let this matter
slide”.
“The Supreme Court has already stated that revoking a party’s symbol is tantamount to
disbanding the entire party,” the PTI leader said, hoping that his party would get relief from the
top court.
Gohar noted that all PTI ticket holders would run as independent candidates if the apex court
did not accept the party’s plea, however, he said today’s decision has “damaged” democracy.