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The Election Commission of Pakistan (ECP) on Saturday moved Peshawar High Court to challenge its single-bench ruling on Pakistan Tehreek-e-Insaf's (PTI) electoral 'bat' symbol, The News International reported.
It reported that ECP has requested the court review the PTI's intra-party elections and its decisions related to the election symbol and also requested the court fix the plea before a division bench in the greater interest of the public. It said that the ECP is charged with the duty to conduct elections honestly, justly, fairly and under law. The petition read that Article 218(3) allows the electoral body to organise and conduct the elections, adding that the ECP is also responsible for making all necessary arrangements ahead of the polls. "This court [...] observed that election is a process that starts with the issuance of the election programme and consists of the various links and stages on that behalf, such as the filing of nomination papers, their scrutiny, the hearing of objections and the holding of actual polls. If any of these links are challenged, it really (is) tantamount to challenging the said process of election," it said. "This case implies that where a violation of the standards mentioned in Article 218(3) has not yet taken place, the Election Commission is legally empowered under Article 218(3) to exercise its powers pre-emptively in order to avoid a violation of these standards," said the petition. The plea said that the petitioners have sought "interim relief" for the suspension of ECP's order as well as for the publication of an intra-party certificate on its website along with the restoration of the 'bat' symbol. "That this Hon'ble Court under the settled law cannot grant final relief as interim relief; hence, the interim relief so granted vide order dated December 26, 2023 is against the law as well as against the dictum laid down by the Hon'ble Supreme Court in its judgement reported as 1997 SCMR 1508," it added. The ECP prayed the court to recall the "interim relief" granted by the single bench on December 26. While announcing a reserved verdict, the PHC suspended the ECP's order and restored the party's 'bat' symbol till a final decision on the petition. The court also stated that a double bench will hear the matter after winter vacations. (ANI)
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