ECP challenges PHC’s verdict on PTI electoral symbol in Supreme Court

The Election Commission of Pakistan (ECP) on Thursday filed an appeal in the Supreme Court against Peshawar High Court’s decision to restore electoral symbol of Pakistan Tehrik-e-Insaf (PTI), reported 24NewsHD TV channel.

The Supreme Court Registrar’s Office has allotted diary number to the ECP petition which prayed the apex court to overturn the PHC’s verdict.

The ECP also said the intra-party elections conducted by the PTI were in violation of the constitution.

Earlier, the Election Commission of Pakistan (ECP) decided to challenge in Supreme Court the Peshawar High Court’s verdict restoring “bat” as the electoral symbol of Pakistan Tehreek-e-Insaf. The decision was taken at an ECP meeting held in Islamabad on Thursday under the chair of Chief Election Commissioner (CEC) Sikandar Sultan Raja.

According to the sources, the Commission will soon prepare a petition which will be filed in the Supreme Court.

A PHC divisional bench on Wednesday restored “bat” as the election symbol of PTI.

The PHC short order consisted of three points, according to which the December 22 order of the Election Commission of Pakistan was declared as unconstitutional which revoked the PTI’s ‘bat’ electoral symbol and rejected its intra-party polls.

The order further declared that the PTI is entitled to the election symbol strictly in terms of Sections 215 and 217 read with any other enabling provision of the Election Act, 2017 and Election Rules, 2017.

The verdict was pronounced by a divisional bench of the Peshawar High Court which comprised Justice Ejaz Anwar and Justice Syed Arshad Ali.

The decision came shortly after the party withdrew from the Supreme Court its appeal seeking the restoration of its electoral symbol. 

A two-judge bench of the PHC comprising Justice Ejaz Anwar and Justice Syed Arshad Ali heard a petition of the PTI against the ECP order cancelling the party’s ‘bat’ symbol and declaring its intra-party polls unconstitutional.

PTI poll symbol struggle

On Dec 22, the ECP declared the intra-party polls of the PTI unconstitutional and revoked ‘bat’ as its poll symbol. The PTI moved to the PHC on Dec 26 and challenged the ECP decision. A single bench of the PHC restored the electoral symbol of the party till January 9 and directed that the case be fixed before a divisional bench.

The ECP, on Dec 30, filed a review plea in the PHC, and the divisional bench of the same court withdrew its stay on the ECP order, thus depriving the PTI of its symbol again.

The PTI again moved to the Supreme Court and the PHC and challenged the decision of the ECP.

However, the PTI withdrew its plea from the SC earlier on Wednesday pleading that the matter was already being heard by the PHC bench which later in the evening announced the verdict in favour of the PTI.

Reporters Amanat Gishkori and Usman Khan