During the hearing pertaining to the election symbol case, the Peshawar High Court emphasized that disregarding the law and turning a blind eye would lead to a state of lawlessness.
The proceedings revolved around the petition filed by Ali Amin Gandapur, the provincial president of Pakistan Tehreek-e-Insaaf, challenging the election symbol. Gandapur’s lawyer argued that he was contesting elections in three NA-44 constituencies and two provincial constituencies, requesting a specific symbol. The Returning Officer (RO) had replaced the radio symbol on NA-44 with a bottle and stethoscope on the provincial circle.
Justice Shakeel Ahmed questioned the authority of the RO to change the symbol once it was assigned to a candidate, emphasizing the importance of upholding the rule of law. He expressed concern about a country where the rule of law is ignored, likening it to a jungle. He questioned the legality of the RO’s actions and suggested that the cost of printing ballot papers should be borne by the same RO if they were responsible for the symbol change.
The lawyer representing the Election Commission argued that the RO had the right to make such decisions. Justice Shakeel Ahmed questioned whether the Election Commission took any action against the RO or if it turned a blind eye to the matter. The lawyer mentioned a shortage of paper for ballot printing, prompting Justice Shakeel Ahmed to inquire whether this shortage was genuine or manufactured. The court stressed the psychological impact of election symbols on voters and sought information on whether ballot papers for the relevant constituencies had been printed.
The court directed the Election Commission’s lawyer to provide updates after a brief adjournment. Upon resuming, the lawyer informed the court that the Election Commission had contacted Islamabad, and if the case was referred to them, they would investigate and take action against any violations, ensuring a fair election. The petitioner’s counsel revealed that the ballot paper printing process had not yet begun.
Justice Shakeel Ahmed criticized the Election Commission for changing the allotted symbol, emphasizing that such actions were inappropriate. The Election Commission’s lawyer assured the court that an investigation into the concerned RO would be conducted.
The Fazil Bench granted Ali Amin Gandapur’s request to change the symbol to a coin (queen) and ordered the Election Commission to take legal action against the RO involved.
