LAHORE:
The Pakistan Tehreek-e-Insaf (PTI) has moved the Lahore High Court, seeking a directive for the Election Commission of Pakistan (ECP) to allot it the electoral symbol of the “cricket bat”. PTI argues that a political party cannot be deprived of its right to contest an election, particularly by withholding its symbol due to failure to hold intra-party elections.
The petition was filed by PTI Secretary General Omar Ayub Khan, Chairman Barrister Gohar Khan, Information Secretary Raoof Hasan, and others. They contend that since the 2002 general elections, PTI has contested using the cricket bat symbol, which has become emblematic of the party’s identity for over two decades.
“In the 2024 general elections, every attempt was made to exclude and handicap PTI’s participation,” the petition states. “This included the snatching of nomination papers, exclusion of candidates and their proposers and seconders from attending scrutiny proceedings, police raids, and heavy-handed actions denying rallies and gatherings. Thousands of PTI workers were also incarcerated.”
PTI founder Imran Khan was disqualified, convicted, and incarcerated in a series of controversial trials, which are currently pending adjudication in appeal and subject to challenge before higher courts. “His name and picture became the subject of a de facto ban on television and electronic media,” the petition adds. “These are all matters of record, and if required, the necessary documents can be filed.”
Also read: PTI stripped of iconic ‘Bat’
The petition criticises the ECP for allegedly singling out PTI to prevent its participation in the general elections. “The ECP, which is constitutionally obligated to conduct elections impartially, singled out PTI and its candidates to prevent their participation in the 2024 general elections.”
The petitioners argue that PTI has conducted its intra-party elections three times in the past two years, but the ECP has repeatedly invalidated them. “Importantly, no other political party has been subjected to such exacting review of its intra-party elections,” the petition states.
The ECP had directed PTI to hold fresh intra-party elections within 20 days. Despite complying and submitting all pertinent documents on December 4, 2023, the ECP raised further reservations on December 7, 2023, delaying the issuance of the bat symbol. On December 22, 2023, the ECP declared PTI’s intra-party elections invalid and withheld the bat symbol. The Peshawar High Court later set aside this decision, but the Supreme Court reversed this ruling, depriving PTI of its symbol days before the elections.
The ECP also refused to recognise PTI members and candidates as party candidates, listing them as independents. After the elections, the ECP did not allocate reserved seats to PTI members, who had joined the Sunni Ittehad Council (SIC).
PTI held another round of intra-party elections on March 3, 2024, complying with all relevant laws and directives. However, the ECP did not issue the required certificate within the stipulated time.
PTI’s petition requests the court to declare that under Article 17(2) of the Constitution, a political party cannot be deprived of the right to contest elections based on intra-party election issues. They argue that withholding the symbol disables PTI from functioning as a political party, violating their fundamental rights.
The petitioners also seek to quash the ECP’s April 30, 2024 notice and any proceedings based on it. They request the court to permanently restrain the ECP from taking adverse action against PTI.
“PTI prays the court to uphold the fundamental right to contest elections and prevent the ECP from unjustly targeting the party,” the petition concludes.
