In the 2024 election, PTI will be participating without its 'bat'.
Justice Ejaz Khan declares a reserved judgment, PHC upholds ECP's decision from December 22, and PTI plans to challenge the order in the Supreme Court.
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The Peshawar High Court (PHC) lifted the stay order on Wednesday, originally granted by a single-member bench, thereby reinstating the Election Commission of Pakistan's (ECP) decision to invalidate PTI's intra-party polls and strip it of its election symbol—the bat. Justice Ejaz Khan, part of the single-member bench, announced the verdict after a previously reserved decision. The PHC emphasized that its initial ruling had created obstacles in the election process overseen by the ECP. Consequently, the court recalled its interim order in favor of PTI and directed the ECP to proceed with the election process as mandated by the constitution.
During the court proceedings, representatives from the ECP, including lawyer Sikander Bashir Mohmand, and PTI's legal team, comprising Advocates Shah Faisal Uthmankhel and Qazi Anwar, were present. The PHC, in a six-page order, highlighted the hindrance caused by its earlier verdict and instructed the ECP to resume the election process.
In light of this development, Ahmed Bilal Mehboob, chief of the think tank Pildat, noted that PTI's candidates would now have to contest elections independently. The ECP had previously filed a review petition against the PHC's December 26 decision, which had temporarily suspended the ECP's order and restored PTI's 'bat' symbol.
PTI has the option to appeal to the Supreme Court of Pakistan following this setback in the PHC. Barrister Asad Rahim Khan suggested that the party could also explore the division bench hearing in the PHC on the 9th before deciding on approaching the Supreme Court. PTI's former chairman, Barrister Gohar Khan, expressed confidence in seeking relief from the Supreme Court, emphasizing the potential impact on democracy.
In response to the PHC's decision, Gohar Khan indicated that if the Supreme Court did not favor PTI, all party ticket holders would run as independent candidates. He urged that if there were issues with the 'bat' symbol, the election commission could allocate another symbol.
During the hearing, PTI's legal representation questioned the ECP's authority to challenge the high court's ruling and emphasized the party's commitment to fair elections. The court reserved its verdict after considering arguments from both sides.
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