Peshawar High Court orders Election Commission of Pakistan to decide on PTI intra-party polls case by tomorrow

PESHAWAR, Dec 21 (SABAH): The Peshawar High Court (PHC) on Thursday directed the Election Commission of Pakistan (ECP) to decide on the Pakistan Tehreek-e-Insaf (PTI)’s intra-party elections and allocation of election symbol case by tomorrow (Friday).

Announcing the reserved verdict, the PHC ordered the election commission to decide on the case as per law.

Earlier on Thursday, the high court had reserved its verdict in the case pertaining to the ECP’s notice against PTI’s intra-party elections that could put the PTI at risk of losing its election symbol too.

A two-member bench comprising Justice Syed Muhammad Atiq Shah and Justice Shakeel Ahmed heard the writ petition.

At the outset of the hearing, the PTI Chairman Barrister Gohar Ali Khan apprised the court that the party did not approach the Islamabad High Court (IHC) because they feared that their leaders might be arrested.

Barrister Gohar Ali Khan told the court that the PTI candidates would be considered to be independent, if they were not allotted the election symbol by December 22.

The procedure of intra-party elections had to be decided by the party itself, he maintained, giving an argument in defence of the PTI elections.

He said the party would not be allotted the election symbol ‘bat’ if the intra-party elections were not recognised by the commission. The ECP had been delaying the matters, he alleged. The PTI chief said his party was being treated indiscriminately.

Presenting the list of PTI’s registered members, he also apprised the court that the one who lodged the complaint in the ECP was not a member of the party.

Barrister Gohar said the ECP had issued a notice to the PTI on its intra-party elections and December 22 was the last day for filing nomination papers for general elections.

“There was no concept of intra-party elections in the 1962 Political Parties Act. In 2002, the intra-party elections were directed to be held through secret ballots,” he said giving a gist about the history of intra-party legislation.

Justice Shah inquired if they were given an election symbol before the general elections. Gohar relayed that the ECP said it would reissue the election symbol for every election. They were not being issued their election symbol, he added.

“We held intra-party polls and submitted the certificate in the ECP in seven days. The election commission has not yet issued their intra-party elections results on its website,” he said.

The PHC asked what the disadvantage was of not issuing the party results on the website and gazette. He replied that they would not be allotted their election symbol if the results were not made public by the commission.

Justice Shah queried if the ECP was not satisfied when the party representatives appeared before it. Gohar told the ECP raised objections to even the appointment of the election commissioner.

The PTI counsel said the Pakistan Muslim League-N (PML-N) held intraparty elections in July and their certificate was issued on the website.

Barrister Gohar further said that the ECP had been delaying the matter and lamented that the PTI was being discriminated against.

“Are the leverages given to you in 2018 now being given to them?” Justice Shah asked. Meanwhile, Justice Ahmed said: “Don’t you think the ECP should itself decide on the complaints?”

At one point, Barrister Gohar said those who had challenged the intra-party polls were not a part of the PTI anymore. He also submitted a list of all the registered PTI members in court.

On the other hand, ECP counsel Mohsin Kamran said the commission would publish the results of PTI’s intra-party elections on its website once it was satisfied with them. “The polls are controversial,” he claimed.

“Who made them controversial?” Justice Shah inquired. “Are those who petitioned the elections a part of the party?”

For his part, the lawyer said the petitioners had not attached the information with their pleas.

The court then remarked that the ECP should decide the matter itself, adding that the party could challenge the decision if it wanted to. Subsequently, the verdict was reserved.

Meanwhile PTI Chairman Barrister Gohar Ali Khan on Thursday claimed that Khyber-Pakhtunkhwa (K-P) was ‘safer’ for the party’s leaders than the province of Punjab.

While speaking to the media in Peshawar after his appearance at the high court, the newly elected PTI chairman said that he hoped that a party having “70 per cent popularity” across the country would not be kept out of the upcoming elections. “If this happens, a question mark would be raised over the polls,” he added.

“The judiciary is responsible for the protection of rights,” he maintained. Gohar said that the complainants moving the ECP against the PTI intra-party elections were all planted. He expressed hope for justice, saying that the decision would be in their favour.