The Peshawar High Court, in a detailed judgment, has asserted that the fundamental right to an election symbol cannot be denied, deeming the Election Commission’s decision illegal in the PTI intra-party election and election symbol case. The 26-page judgment, authored by Justice Arshad Ali based on proceedings held on January 9 and 10, highlighted two key questions: whether the case falls within the jurisdiction of the Peshawar High Court and if the Election Commission has the authority to decide on intra-party matters.
The court stated that elections took place in Khyber Pakhtunkhwa, and both the Islamabad High Court and Peshawar High Court have the authority, as per Supreme Court decisions, to hear such cases. Referring to Section 209 of the Election Act, the court emphasized that the Election Commission lacks the power in this regard.
Emphasizing the fundamental right of every Pakistani citizen to form a political party, the court stressed the need to create a conducive environment for political parties, including the right to contest elections under an electoral symbol. It declared the Election Commission’s decision illegal and called for the issuance of the PTI certificate on the website, affirming PTI’s entitlement to the election symbol. The court announced that a more detailed decision, with additional reasons and explanations, would be released later.
Addressing the jurisdiction matter, the court referred to the Ayan Ali and Asghar Hussain case, redirecting it to the Sarpam Court. The court clarified that its jurisdiction arises when intra-party elections are held in the province, citing the Supreme Court’s stance in the Benazir Bhutto case, where the allotment of election symbols was deemed a fundamental right of a political party.
