Peshawar High Court (PHC) on Thursday directed the Election Commission of Pakistan (ECP) to make a decision on Pakistan Tehreek-e-Insaf’s (PTI) election symbol and recently-held intra-party polls by Friday.
In the intra-party elections held earlier in December on the directives issued by the electoral body, Barrister Gohar Ali Khan was elected as the party's new chairman.
Gohar was nominated by Imran Khan, the founding chairman of PTI who is now incarcerated in Rawalpindi's Adiala jail.
A two-member bench of PHC heard the case related to PTI’s intra-party elections and election symbol.
In today's hearing, Justice Shakeel Ahmed questioned PTI Chairman Barrister Gohar, asking why they had not filed a case in the Islamabad High Court.
Read more: PHC halts ECP decision, awaits PTI’s appeal
Barrister Gohar responded, stating that Khyber-Pakhtunkhwa is safer for them than Punjab, as their leaders are not arrested in the province. “The ground reality is that our leaders are apprehended there (in Islamabad),” he added.
Justice SM Atiq Shah remarked that, as the chairman of the party, such statements were not expected from him. Barrister Gohar asserted that the intra-party elections were held in Peshawar, and the federation allows them to file a petition here, adding that the ECP can make the decision on the case anywhere.
Following the hearing, Gohar, in a media interaction, hoped that the party, with a 70% approval rating in the country, will not be excluded from the elections.
He emphasised that if such an eventuality occurs, it would raise questions about the credibility of the polls. “The responsibility for safeguarding rights lies with the judiciary,” he concluded.
On Monday, the ECP had reserved its verdict on petitions challenging the intra-party polls of PTI. During the hearing, PTI counsel Barrister Ali Zafar maintained that the tenure of a party's chairman was five years and the duration of the panel is three years, hence, intra-party elections are unnecessary when the chairman is elected unopposed.
Also read: ECP reserves verdict on pleas challenging PTI intra-party polls
A member of the ECP said that the matter had not been left without definition as the law stated holding polls in accordance with the established regulations.
He argued that no party's constitution provided a clear explanation of the procedures for conducting intra-party polls but the Elections Act did specify who qualifies as a member.
Zafar maintained that the ECP had given a verdict on February 22 that specified that any individual who was not a party member could not cast a vote in party elections.
Earlier, PTI founding member Akbar S Babar, who later developed differences with its leadership, challenged the party's intra-party polls.
In a letter to Chief Election Commissioner Sikandar Sultan Raja, he requested that the PTI should not be allowed to use the ‘cricket bat’ as its electoral symbol until it held transparent intra-party polls.
He also asked the commission to appoint an independent third-party monitor to conduct the PTI’s fresh intra-party polls.
Babar termed the PTI’s intra-party elections mere “pretence and deception”.
He added that the “fraudulent” election process had deprived the PTI members of their right to vote and participate in the polls.
Babar further contended that the PTI had not disclosed the rules and regulations of the intra-party polls; their schedule and procedure; and time for the submission of nomination papers.
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