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Friday, July 19, 2024  
13 Muharram 1446  

Not giving symbol akin to banning a political party: IHC

Cj Aamer Farooq issues three-page order regarding certificates of intra-party elctions
File photo
File photo

Islamabad High Court Chief Justice Aamir Farooq has issued a three-page written order regarding the case of obtaining certificates and reserved seats after the intra-party elections.

A notice has been issued on the request to challenge Section 215 of the Election Act against Article 17(2) of the Constitution. The court has issued notices to the federal and provincial governments, the Election Commission, the PTI (Pakistan Tehreek-e-Insaf) party, and the Sunni Ittehad Council.

The Attorney General of Pakistan and the Advocate General have also been served notices under Order 27-A, Rule 21 for May 21.

According to the order, as per the applicant’s request, political parties are required to submit certificates after the intra-party elections. If a political party fails to submit the certificate of the intra-party elections, it will not be issued an electoral symbol. When a political party is not issued an electoral symbol, it cannot participate in the elections.

According to the court order, not issuing an electoral symbol to a political party is equivalent to imposing a ban, which can only be done under Article 17(2) of the Constitution based on Pakistan’s integrity and self-determination.

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As per the applicant’s request, the federal government is required to file a reference in the Supreme Court to impose a ban on the political party.

The order stated that the Supreme Court decides whether to impose a ban on a political party or not. As per the applicant’s request, Section 104 of the Election Act requires a political party to submit a list of specific seats. Since a ban is imposed on a political party under Section 215, it remains incapable of submitting a list of specific seats.

According to the court order, both parties have been served notices for May 21. The Attorney General and the Advocate General have also been served notices.

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Islamabad High Court

reserved seats

justice aamer farooq

Intraparty elections