The Peshawar High Court (PHC) on Saturday has ordered the Election Commission of Pakistan (ECP) that the ECP has no jurisdiction to issue decision on political parties’ intra-party elections.
The judgement by the PHC came after PTI filed petition challenging the decision of ECP of not allotting the party its election symbol ‘bat.’
While issuing the order, the judges, ruled that the political party has the right to contest the elections under a common symbol and this constitutional right can not be denied to it on the basis of an ‘absurd provision of law.’
The judgement added that, “The impugned decision of the Election Commission of Pakistan is backed by no legal provision either under the Elections Act or under the Constitution. Therefore, the same is illicit.”
While setting aside the ECP’s order of December 22, the bench had made directions to the ECP to publish ‘bat’ as PTI’s symbol on its website.
While referring to the past precedents set by the superior courts, the bench stated that, “The survey of the case law stated above and the enabling provision of the Constitution, as well as the Act, lead us to the conclusion that it is the fundamental right of every citizen of Pakistan not only to form the political party but the political party should be provided a conducive atmosphere to contest the election for the Parliament, Provincial Assembly, Senate and to form the Government.”
The bench also held discussion on the ECP’s jurisdiction to question, probe and issuing an order on intra-party election disputes.
The court further ruled that it was ECP’s “statutory duty” to publish the party’s symbol on its website within seven days of the submission of intra-party documents.
“Section 209 of the Elections Act, 2017 does not confer any jurisdiction on the ECP to question the intra-party election process.”
The bench added that any party who has complied with sections 202, 206, 209 and 210 of the Elections Act 2017 “becomes eligible for an election symbol for contesting election” for national, provincial and local assemblies.
The said sections deal with the enlistment of political parties with the ECP, intra-party elections and declaration of funding sources.
