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PHC hears PTI petition challenging verdict on intra-party polls, election symbol

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  • PTI says complainant who challenged elections is not member.
  • Party says they have hope for justice from Peshawar High Court.
  • ECP had declared PTI’s intra-party polls ‘unconstitutional’.

PESHAWAR: Justice Kamran Hayat Miankel of the Peshawar High Court (PHC) has started hearing the Pakistan Tehreek-e-Insaf’s (PTI) petition challenging the Election Commission of Pakistan’s (ECP) order declaring the intra-party polls illegal and revoking its electoral ‘bat’ symbol.

The party had filed the petition earlier today after a five-member ECP bench — headed by Chief Election Commissioner Sikandar Sultan Raja — declared PTI’s intra-party elections unlawful and stripped the party of its symbol. 

The party named the ECP and those who challenged the elections as respondents, requesting the court for an urgent hearing of the matter after which the court took up the plea today. 

The hearing

At the hearing’s outset, PTI lawyer Ali Zafar said the PTI was given 20 days for holding elections and it held internal party elections on December 3 in Peshawar. 

The ECP admitted the veracity of the intra-party elections and issued a certificate to the party, he said. 

The PTI counsel said then the ECP withdrew the electoral symbol saying the one who conducted the elections was not the right person. Hence, it invalidated the elections raising objection on the election commissioner, he added.

“The ECP’s order is illegal and unconstitutional,” he argued, adding that since their symbol was withdrawn they could not participate in the polls as a political party, hence they would also lose the reserved seats which were divided among political parties.

He said a ‘symbol case’ verdict of the Surpeme Court was present for reference. He said the Article 17 of the Constitution stated that everyone had the right to form association and union and the union and association had the right to elect their officials. The ECP questioned how the chief election commissioner was appointed by the general secretary, he said.

Barrister Zafar said as per the apex court the election symbol was a crucial part of Article 17. The ECP did not have the authority to question election of party officials, he said. Hence, the commission could not annul the party elections, he said adding that if the electoral authority was given this right then it would be violation of the Article 17.

Petition

The petition stated that the ECP did not have the authority to decide the procedure for intra-party elections. The complainant who challenged the intra-party polls was not a party member, it added.

“The ECP withdrew the electoral symbol ‘bat’,” it read asking the court to form a bench comprising senior judges and hear the plea on Tuesday (today).

The PTI prayed to the court to hold and declare that the impugned order is without jurisdiction, without lawful authority and illegal and as a consequence, thereof, set it aside forthwith.

The PTI also pleaded to hold and declare the proceedings by ECP to question the validity of the IPEs on the basis of any objections filed by any persons were coram non judice, illegal and without lawful authority.

“…find and declare that ‘election symbol’ has been illegal and unlawfully been withdrawn which is, inter alia, violation of fundamental rights of the petitioners including Article 17 and Article 25 of the constitution.”

The PTI asked the court to direct the ECP forthwith to “publish the certificates of PTI on its website of ECP as required by 209 (3)” in the interest of justice and to restore its election symbol.

In the wake of PTI’s intra-party elections, held on December 2, ex-PTI member Akbar S Babar had refused to accept the polls and moved the electoral authority against it.

Following the Election Commission’s verdict that the polls were not in line with the rules, the party not only had its symbol taken away, but it was also left without a chairman — as the polls declaring Barrister Gohar Khan as chairman were ruled illegal.

Talking about the decision last week, Gohar had lambasted the ECP for stripping the party of its bat symbol but hoped that the courts would back the PTI’s plea for its restoration.

“[PTI’s] electoral symbol will be restored,” hoped Gohar, who is also a lawyer by profession.

Political analyst Mazhar Abbas had told Geo.tv that the election commission has “never” declared any political party’s internal polls unlawful, noting that it seems like the PTI is “under attack”.

This is not the only pressing matter for the PTI. Its former chairman, Imran Khan, is behind bars and he is the main driving force behind the party’s votes.

Although he was granted bail in a cipher-related case last week by the Supreme Court, the PTI founder was arrested in two other cases before that and his release remains uncertain.

Moreover, since he was convicted in a corruption case, he has been barred from contesting elections for a period of five years. His sentence is suspended, but isn’t overturned so far.

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Imran Khan’s bail request in the Toshakhana-II case has had its objections dismissed.

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In the Toshakhana-II case, the Islamabad High Court has dismissed the objections to PTI founder Imran Khan’s bail request.

IHC instructed the registrar’s office to schedule the hearing for the case for Monday.

Imran Khan’s attorneys, Shaheena Shahab, Ayesha Khalid, and others, arrived in court today as IHC Justice Miangul Hassan Aurangzeb heard the case.

The registrar’s objections to the plea were questioned by Justice Aurangzeb. In the Toshakhana-II case, Imran Khan submitted a bail application, according to counsel Ayesha Khalid.

Justice Miangul said that previous rulings in circumstances comparable to this one adhered to the consistency principle. In this instance, the petitioner was a man, he added.

Bushra Bibi was given bail because she was a woman, according to the justice, and an application like this one was denied yesterday.

Given that the case action date was November and the power of attorney was executed in July, Justice Aurangzeb raised a concern about the timing.

Justice requested the help of Advocate Shah Khawar in this case.

When an applicant was held in jail, Shah Khawar retorted that it was standard procedure to obtain signatures on required documents, such as a power of attorney.

Imran Khan’s attorney, Shaheena Shahab, asked the court to send out notices regarding the bail plea. A judge named Aurangzeb said that the law would be observed.

Following arguments, the court dismissed the registrar office’s objections and ordered that the case hearing be scheduled for Monday.

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PTI presents seven nominations to Imran Khan for the judicial commission.

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Pakistan Tehreek-e-Insaf (PTI) has proposed seven individuals to its founder, Imran Khan, for consideration as founding members of PTI for membership in the next Judicial Commission.

None of the nominated individuals are attorneys; rather, the roster includes four Members of the National Assembly (MNAs) and three senators.

The proposed MNAs are Umar Ayub, Asad Qaiser, Ali Mohammad Khan, and Aamir Dogar, while the senators are Shibli Faraz, Mohsen Aziz, and Aun Abbas Bapi. Sources suggest that the Judicial Commission will include one opposition member from both the National Assembly and the Senate.

The PTI founder will evaluate and endorse two names from the suggested list, which will then be sent to the Speaker for future actions.

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Miller confirmed that Biden’s administration got a letter from a congressman requesting the release of the PTI founder.

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Following his removal as prime minister in 2022, Khan started a protest movement against a coalition of his enemies led by current Prime Minister Shehbaz Sharif. Since then, he has been in jail since August 2023 and has been involved in hundreds of cases.

In response to ARY News’ question over the congressmen’s letter during a media briefing in Washington on Monday, State Department spokesperson Matthew Miller stated, “We will respond in due course to the members.”

The United States wants to see Pakistan maintain its democracy, Miller stated.

The release of the PTI founder’s wife and sisters was a result of a meeting between the US Deputy Assistant Secretary and a Pakistani government representative in Islamabad, which was further questioned during the press briefing.

“I won’t be addressing that,” Miller said when asked if the United States was involved in their release. Miller did, however, affirm that the conference included the defense of Pakistan’s basic liberties and rights.

Sixty-two members of the US Congress urged President Joe Biden on October 24 to support the release of Imran Khan, the former prime minister of Pakistan, and other political prisoners.

The congressmen, who included well-known Muslim members Rashida Tlaib and Ilhan Omar, said in their letter that the Biden administration should ask Pakistani authorities to guarantee the safety of PTI founder Imran Khan.

They also underlined that US policy should concentrate on Pakistan’s human rights situation and asked that US ambassadors attend the PTI leader’s incarceration.

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