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Supreme Court of Pakistan upheld the decision of Election Commission of Pakistan (ECP) in respect of Political Party Symbol “Bat” of Pakistan Tehreek Insaaf (PTI)

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Supreme Court of Pakistan upheld the decision of Election Commission of Pakistan (ECP) in respect of Political Party Symbol “Bat” of Pakistan Tehreek Insaaf (PTI)

Islamabad 15-01-2024: The Supreme Court of Pakistan upheld the decision of Election Commission of Pakistan (ECP) regarding Intra Party Election and Political Party Symbol “Bat” previously held by the Pakistan Tehreek Insaaf (PTI). According to the judgment of Supreme Court of Pakistan, the ECP issued a notice on May 24, 2021, to PTI, instructing them to conduct intra-party elections. PTI acknowledged not holding elections but requested an extension due to the COVID-19 pandemic. The ECP granted time until June 13, 2022, for PTI to conduct intra-party elections with a warning that no further extension would be granted. PTI claimed to have conducted elections on June 8, 2022. However, the ECP, in its order dated September 13, 2023, declared that PTI had failed to hold transparent, just, and fair intra-party elections. PTI challenged the ECP's order in the Lahore High Court (LHC) through Writ Petition No. 81171/2023. The case was heard by a single judge and later listed before a five-member bench on PTI's request. PTI claimed to have held intra-party elections on December 2, 2023, but did not withdraw its petition. Another case (WP No. 5791/2023) was filed in the Peshawar High Court (PHC), leading to an interim order against the ECP. The PHC, in its order dated December 22, 2023, declared PTI ineligible to obtain the election symbol. PTI challenged this decision in WP No. 6173-P/2023, and the PHC allowed the petition on January 10, 2024.

A representative of PTI filed a writ petition (No. 287/2024) in the LHC, challenging the ECP's order. The LHC upheld the order of the single judge, stating that the relief sought could only be granted if section 215(5) of the Act was declared unconstitutional. The filing of multiple petitions in different courts on the same matter is not permissible under the law.

The ECP had been urging PTI to hold intra-party elections since May 24, 2021, not singling out PTI as it took similar actions against other political parties. The court concluded that PTI failed to provide evidence of holding legitimate intra-party elections. The intra party election is important for democratic process and the ECP is authorized to regulate the intra party election. The PHC's decision in favor of PTI was overturned, and the ECP's order dated December 22, 2023, was upheld.