In a significant development, the Election Commission of Pakistan (ECP) on Friday declared the intra-party elections of former Prime Minister Imran Khan's Pakistan Tehreek-e-Insaf (PTI) as 'unconstitutional' and revoked the party's claim on its iconic 'bat' electoral symbol, ahead of the general elections scheduled on February.
The electoral watchdog's decision came after the Peshawar High Court (PHC) directed it to decide the matter of PTI's internal elections and electoral symbol y Friday in "accordance with the law", reported Dawn. This is the second time in less than a month that the ECP has rejected the PTI's intra-party polls, ruling on November 23 that the previous elections held last year were controversial and objectionable.
The party held the election on June 10, 2022, but the ECP rejected it, saying that the party had amended its Constitution two days before holding the polls. In August, the electoral body gave the PTI a final warning to hold the elections or it could be declared ineligible to obtain an election symbol. The PTI elections were due on June 13, 2021, but an extension was granted by the ECP.?
What did the ECP say?
“It is held that PTI has not complied with our directions rendered therein order dated 23rd November, 2023 and failed to hold intra-party election in accordance with PTI prevailing Constitution, 2019 and Election Act, 2017, and Election Rules, 2017,” the ECP said in its 11-page order.
It also rejected a certificate and form by newly-appointed party chairman Gohar Khan who replaced the incarcerated ex-PM recently and declared the PTI ineligible to obtain an electoral symbol under the Elections Act, 2017. It said that PTI never submitted any record of any competent authority to exercise the intra-party elections.
Reacting to the ECP's order, the PTI called the decision a "part of the famous London plan" and a "disgusting and shameful attempt to stop PTI" from participating in the general elections. "The Election Commission of Pakistan has tried to destroy the constitution, democracy and transparency of elections in the country through its decision...This biased and biased decision of the Commission cannot stand in its place and we will challenge it before the Supreme Court," said the party on X.
The party further claimed that it would still win the upcoming elections and that its candidates would indeed contest the polls with the ‘bat’ symbol. "Attempts to take away the electoral symbol from the representative political party of millions of Pakistanis through conspiracy and force it out of the electoral process will never be successful," said a PTI spokesperson.
What can the PTI do now?
In case a party fails to obtain an election symbol through judicial intervention, its candidates have to contest for the national and provincial assemblies’ seats as independents. In that case, it would not be possible for them to join the PTI, even after winning the elections, because they can only join a party duly enlisted with the ECP.
The only way for the party to get an election symbol is if the superior judiciary declares its intra-party elections valid. With the latest development, erstwhile PTI candidates may be compelled to join other parties without losing their seats under the anti-defection clause.
Earlier on Friday, the Pakistani Supreme Court called for the provision of a level playing field for all political parties, including the PTI, to foster healthy electoral competition. “[The] ECP is to ensure that elections are conducted in accordance with democratic principles and that elections are free from undue influence, coercion, and corruption,” said a three-judge bench.
Following the SC order, ECP had assured it would address PTI’s concerns regarding the denial of a level playing field ahead of general elections, promising to replace the district returning officers (DROs), returning officers (ROs) creating hurdles in the way of obtaining and submitting nomination papers.
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