Ahead of polls, Pakistan Tehreek-e-Insaf approaches SC to seek review of verdict on electoral symbol

Feb 7, 2024

Islamabad: Before the elections to be held on February 8 Pakistan Tehreek-e-Insaf (PTI) has contacted Supreme Court Pakistan-based The News International reported that the party has sought a review of the apex court's decision on intra-party elections and election symbol.
In a review petition filed on Wednesday, the PTI has requested the Supreme Court to review its January 13 verdict, in which the top court had upheld the Pakistan Election Commission's decision to hold PTI's inter-party elections ” The party's election symbol was declared “unconstitutional”.
The petition filed by PTI requested the top court to review its decision and reinstate the Peshawar High Court ruling, which had on January 10 called the election watchdog's decision “invalid”, The News International reported. .
The Peshawar High Court announced the decision after hearing PTI's petition challenging the ECP's decision to declare the inter-party elections invalid and their election symbol “bat”.
PTI, in its petition, stressed that its intra-party elections held in December were held in accordance with the party's constitution. PTI said in its petition filed in the Supreme Court, 'The Election Commission does not have the right to review the elections within the party.'
Earlier in January, a three-member SC bench headed by Chief Justice of Pakistan Qazi Faiz Isa also included Justice Muhammad Ali Mazhar and justice musarat hilali PHC canceledIn the January 10 decision, PTI's election symbol bat was cancelled.
According to the five-page judgment, the apex court judge “does not agree with the learned judges [of the PHC] The News International reported that the ECP 'has no jurisdiction to question or adjudicate on intra-party elections of any political party.'
In the judgment, the judges said accepting any such interpretation would render all provisions of the Elections Act, 2017, which require intra-party elections to be held “misleading and without any result and meaningless”.
The judgment said the ECP had been asking PTI to hold intra-party elections since May 24, 2021, when the party was in power and therefore, “it cannot be said that the ECP was victimizing PTI.”
The top court said PTI's petition filed in the Peshawar High Court was “not maintainable” as it did not reveal that another similar petition was pending before a five-member bench of the Lahore High Court (LHC). It mentions that although a petitioner “can elect to avail his remedies before any court, the same dispute cannot be taken to another court after choosing a particular court.”

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