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SC restores election commission order for withdrawing bat symbol from PTI
SC’s three member bench headed by Chief Justice Qazi Faez Isa observed that democracy founded Pakistan, a fundamental aspect of which is the ability to put oneself forward as a candidate and to be able to vote, both within a political party and in general elections.
Islamabad: Supreme Court has set aside the Peshawar High Court order with regard to restoration of election symbol of Pakistan Tehrik-e-Insaf order and restored the election commission of Pakistan order that withdrew election symbol of bat from PTI.
SC’s three member bench headed by Chief Justice Qazi Faez Isa observed that democracy founded Pakistan, a fundamental aspect of which is the ability to put oneself forward as a candidate and to be able to vote, both within a political party and in general elections.
“Anything less would give rise to authoritarianism which may lead to dictatorship.”
The court observed that ECP is a constitutional body and amongst its duties are those mentioned in the Constitution, Article 219(e) of which stipulates that ECP must also undertake such functions as prescribed by law, which would include those mentioned in the Act.
The court observed that section 208 of the Act mandates that political parties must hold intra party elections periodically, and that a period not exceeding five years elapse within two elections.
The court observed that election laws further stipulate that every member of a political party ‘be provided with an equal opportunity of contesting election for any political party office.’
The court observed that members of PTI were not provided nomination papers when they went to get them nor were any intra party elections held. The court observed that incidentally, the notice issued by the PTI secretariat stated that the elections were to be held in Peshawar but did not mention the venue, and then the venue was shifted to Chamkani, which is a village adjacent to Peshawar.
The court observed that SC also do not agree with the Peshwar High Court judges that the ECP did not have ‘any jurisdiction to question or adjudicate the intra party elections of a political party.’
The court observed that ff such an interpretation is accepted it would render all provisions in the Act requiring the holding of intra party elections illusory and of no consequence and be redundant.
The court, for reason to be recorded later on, converted the petition of ECP into an appeal and allowed by setting aside the impugned order and judgment of the PHC and upheld that ECP order with regard the withdrawal of election symbol of bat from PTI.
