The Pakistan Tehreek-e-Insaf (PTI) regains the emblematic ‘bat’ symbol after the Peshawar High Court overturns the Election Commission of Pakistan’s ruling
In a significant development, the Peshawar High Court (PHC) on Wednesday reinstated the iconic “bat” symbol for the Pakistan Tehreek-e-Insaf (PTI), clearing the path for the party to contest the February 8 polls with its well-known emblem.
This decision followed PTI’s legal challenge against the Election Commission of Pakistan’s (ECP) ruling, which invalidated the party’s intra-party election and withdrew their electoral symbol, the “bat.” The court carefully considered all involved parties during the proceedings.
The court, in its ruling, deemed the ECP’s decision as “incorrect.” Consequently, it directed the electoral authority to issue a certificate to PTI and suspended the earlier decision that had deprived the party of its symbol.
“The PTI rightfully holds a political party status with an election symbol,” stated the court.
The verdict was delivered by a two-member bench of the PHC, comprising Justice Ijaz Anwar and Justice Arshad Ali, earlier today.
During the preceding day, the court listened to arguments presented by both the ECP and PTI’s legal representatives. Today’s session involved further hearings with additional parties involved in the case.
PTI’s counsel, Barrister Ali Zafar, addressing the media outside the PHC post-verdict, expressed confidence, stating, “Now, nothing stands in PTI’s way to win these elections.”
Applauding the ruling, the PTI senator commended the PHC for upholding its tradition of delivering decisions in accordance with the law. He further specified, “The court has directed the restoration of PTI’s bat symbol and immediate publication of the intra-party polls results on its website.”
Highlighting the court’s action to overturn the decision that revoked PTI’s electoral symbol, Barrister Zafar emphasized, “There was a deliberate attempt to strip PTI of its bat symbol; this was a conspiracy against the party.”
During the initial stages of the hearing, Advocate Qazi Jawwad, representing one of the petitioners, highlighted that attempts to gather information about PTI’s intra-party polls from the party’s headquarters yielded no response. He expressed discovering details about the polls solely through media reports.
Stating his client’s wish to participate in the elections and citing a lack of opportunity, the counsel requested the annulment of the polls. However, Justice Anwar pointed out that the petitioner didn’t demand re-elections after the Election Commission’s nullification of the intra-party polls.
Further, the lawyer’s objection regarding the PHC’s jurisdiction, citing the nationwide scope of PTI’s intra-party elections, was met with queries from the justices. Justice Arshad questioned why a case couldn’t be filed in Peshawar if the polls took place there.
Highlighting that PTI’s intra-party polls were held in Peshawar and were annulled by the ECP, Justice Ijaz referenced previous court decisions determining the high court’s jurisdiction. He mentioned PTI’s unsuccessful attempt at the Lahore High Court, where the case was redirected to the Peshawar High Court.
Regarding the electoral symbol, Justice Arshad inquired about a political party’s ability to contest elections without one, to which the lawyer mentioned a similar situation in 1985.
Amid arguments about jurisdiction, lawyer Tariq Afridi raised concerns but was advised by the court to focus on additional points as the previous lawyer had already discussed jurisdiction.
Continuing the arguments, another lawyer representing a party discussed the bat symbol’s historical context and stressed fair opportunities for party workers. He downplayed symbol changes as inconsequential.
Addressing the ECP’s action against PTI, the court inquired about the section under which the proceedings were conducted, with the lawyer citing Section 215 of the Election Act.
Responding to the petitioner’s allegations, PTI’s lawyer accused them of aiming to dismantle the party rather than seek re-election. He also contested the jurisdiction and defended the challenge to the ECP’s decision.
During the conclusion, the ECP counsel claimed PTI pursued the symbol following illegal intra-party elections. Justice Arshad questioned the legality based on Sections 208 and 209 of the Election Act, challenging the withdrawal of the symbol.
The ECP counsel clarified the ECP’s role in overseeing elections under Section 209, emphasizing the symbol’s temporary possession by the party during elections and its subsequent return to the Election Commission.
The discussion then shifted to symbol allocation timing, with the ECP lawyer mentioning imminent allotment following the election schedule release, clarifying the party’s detachment from symbols post-allocation.
The court sought clarification about procedures for new party registrations, initiating a discussion on the related protocols.
Today, PTI’s representative Gohar shared that they’ve retracted their plea in the Supreme Court aimed at securing the “bat” symbol. This decision stemmed from their optimism regarding a favorable verdict from the Peshawar High Court (PHC) on the matter.
While conversing with journalists outside the apex court in Islamabad, Gohar conveyed the party’s anticipation of a favorable outcome from the PHC, expecting an imminent decision.
He mentioned the withdrawal of their petition during the scheduled hearing at the Supreme Court, emphasizing their reliance on the pending decision from the PHC.
PTI’s lawyer, Gohar Khan, appeared before Chief Justice of Pakistan Qazi Faez Isa, officially stating the party’s withdrawal of the petition. However, Chief Justice Isa sought clarification regarding Hamid Khan, a senior lawyer associated with PTI, who clarified his non-involvement as the party’s lawyer in this specific case.
The Supreme Court dismissed the petition considering the withdrawal, noting no objections raised by PTI’s legal representatives.
The setback for PTI ensued after the electoral commission nullified their electoral symbol and invalidated the intra-party elections based on a petition from a former PTI member, Akbar S Babar. PTI contested this decision, securing a temporary reinstatement of their bat symbol pending the final verdict.
Despite earlier relief, the ECP’s review petition led to the PHC restoring the commission’s December 22 order, retracting PTI’s interim relief. Consequently, PTI moved the Supreme Court against this restoration but eventually withdrew the plea today.