The Lahore High Court (LHC) has issued notices to the Election Commission of Pakistan (ECP) and other parties, seeking their response to a petition filed by Pakistan Tehreek-e-Insaf (PTI) requesting the restoration of their election symbol, the ‘bat’.
A 5-member larger bench headed by Justice Shams Mahmood Mirza heard the PTI’s petition against the Election Commission’s decision to withdraw their election symbol.
The bench includes Justices Shahid Karim, Shehram Sarwar Chaudhary, Jawad Hassan, and Risal Hussain.
In their petition filed with the LHC, the PTI argued that of ECP’s move to withdraw their election symbol ahead of the general elections was unlawful.
The PTI has requested that ECP’s actions against the party’s intra-party elections be declared null and void.
The petition also seeks to declare sections 215, 209, and 208 of the Election Act 2017 as unconstitutional.
The petition further demands that the ECP be restrained from taking any action against the PTI and that the party’s election symbol, the ‘bat’, be restored to them.
Senior Supreme Court lawyer Aziz Bhandari who is representing the petitioner, argued that the Supreme Court had previously directed parties to challenge the sections of the Election Act that allow the Election Commission to withdraw party election symbols.
The LHC is now considering the PTI’s request to have their election symbol restored and the Election Commission’s actions against the party declared unlawful.
The counsel for the petitioner argued that Article 17 of the Constitution allows for a ban on a political party on two grounds - the integrity and survival of Pakistan.
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He contended that a ban could be imposed on any political party based on these constitutional provisions.
The court has taken up the PTI’s request for the return of their party symbol, and will now hear the arguments from all sides before deciding on the matter.
