ECP challenges Peshawar High Court’s Verdict on PTI’s ‘Bat’

The Election Commission of Pakistan (ECP) has moved the Supreme Court to challenge the recent Peshawar High Court (PHC) verdict that declared void ECP’s ruling of “unconstitutional” intra-party polls and revoking the party’s iconic bat electoral symbol.

The ECP, in its plea submitted to the apex court, asserted that the PHC decision should be declared illegal, citing non-compliance with the Election Act in the conduct of PTI’s intra-party elections.

This move follows a detailed review of the PHC decision,
with sources indicating that the electoral body had explored various options during a meeting, ultimately deciding to appeal the ruling in the Supreme Court.

Anchor person Kamran Khan said, “Free and Fair Elections Ball is now in the Supreme Court’s Hands: Unfortunately, the Election Commission of Pakistan is determined to remove the PTI’s election symbol, the Bat. Furthermore, the ECP has not complied with Peshawar High Court’s judgment regarding the PTI’s party certificate on its website.”

Free and Fair Elections Ball is now in the Supreme Court's Hands: Unfortunately, the Election Commission of Pakistan is determined to remove the PTI's election symbol, the Bat. Furthermore, the ECP has not complied with Peshawar High Court's judgment regarding the PTI's party…

— Kamran Khan (@AajKamranKhan) January 11, 2024

Minutes before the ECP’s plea, the PTI took legal action by filing a contempt of court petition against the ECP. The PTI contended that despite the PHC orders, the ECP had failed to upload the certificate regarding the PTI’s intra-party elections on its website, which the party argued amounted to contempt of court.

X (formerly Twitter) user Muhammad Anas wrote, “Petition of contempt of Court has been filed in Peshawar High Court against the ECP. ECP didn’t notify the Bat as an election symbol of PTI violating the Court orders.”

Petition of contempt of Court has been filed in Peshawar High Court against the ECP.
ECP didn't notify the Bat as a elections symbol of PTI violating the Court orders. pic.twitter.com/zMC7fe0glm

— Muhammad Anas (@Annsay55) January 11, 2024

Chief Election Commissioner Sikander Sultan Raja and other ECP members are named as respondents in the PTI’s contempt plea.

In response to the PHC’s decision, PTI’s chief election commissioner, Niazullah Niazi, personally submitted a certified copy of the PHC verdict to the ECP.

The PHC, in its ruling, declared the ECP’s decision of December 22, 2023, as illegal and without jurisdiction, directing the ECP to publish the PTI’s intra-party polls certificate on its website. The court affirmed PTI’s entitlement to the bat symbol under relevant sections of the Election Act 2017 and Election Rules 2017.

The ECP’s challenge in the Supreme Court sets the stage for a legal confrontation, with implications for the PTI’s participation in the upcoming general elections. The time-sensitive nature of the issue adds complexity, as the deadline for Returning Officers to allocate poll symbols to candidates is January 13, posing a challenge in the event of a symbol change.