Peshawar (Web Desk): The Peshawar High Court (PHC) will hear a review petition filed by the Election Commission of Pakistan (ECP) against restoration of Pakistan Tehreek-e-Insaf’s (PTI) electoral symbol ‘bat’ and intra-party polls on Wednesday.
The ECP had filed a review petition at the PHC against its December 26 decision which had suspended the ECP's order and restored the party's 'bat' symbol till a final decision on the matter.
Earlier, the ECP had declared PTI's intra-party polls "illegal" and stripped it of using the 'bat' symbol.
The PTI had moved the PHC against the ECP decision requesting the court to restore its party symbol ahead of the general elections scheduled to be held on February 8.
In its petition, the ECP then requested the court to review the PTI's intra-party elections and its decision related to the election symbol.
A single-member bench comprising PHC's Justice Ijaz Khan heard the petition and reserved the verdict.
However, the PTI lawyers did not appear before the court and later requested to hear them before deciding the plea.
After this, the court adjourned the hearing till tomorrow.
During the hearing, the ECP's lawyer presented his arguments and told the court that the body had filed a review plea against the high court's order. He added that the ECP also issued a notice to the PTI in this regard.
The lawyer said that the single bench suspended ECP's order and issued a stay order without hearing the electoral body's arguments.
He said that the stay order granted by PHC was not an interim relief but is tantamount to final verdict on the matter.
The ECP lawyer further said that the PTI also filed a petition in the Lahore High Court (LHC). He argued that the second court can't be moved after filing a plea in another.
Justice Khan asked if there was anyone present from the petitioner's party in the court.
At this, the ECP lawyer said that there was no one. He then requested the court to withdraw the December 26 order, adding that a bench should be constituted to hear the case properly.
The PHC judge said he could not give decision in the case at the moment as division bench of the high court was due to take up the case.
ECP’s lawyer urged court to withdraw stay for the time being, and leave the rest to the division bench.
The court then reserved the verdict after hearing the arguments.
On December 26, the PHC had suspended the ECP’s verdict, declaring the PTI’s intra-party polls as unconstitutional and revocation of the party’s ‘bat’ election symbol.
The PTI had filed the petition naming the ECP and those who challenged the elections as respondents. It had requested the court for an urgent hearing of the matter.
The petition stated that the ECP did not have the authority to decide the procedure for intra-party elections. The complainant who challenged the intra-party polls was not a party member, it added.
On Decembre 23, the electoral watchdog had declared PTI intra-party polls as “unconstitutional” and revoked its claim on its electoral symbol — “bat”.