Peshawar: The High Court has said in its detailed decision that the fundamental right of election symbol cannot be denied, the decision of the Election Commission is illegal.
The Peshawar High Court issued its short written judgment with reasons related to the PTI intra-party election and election symbol case. In the 26-page decision written by Justice Arshad Ali based on the proceedings of the court on January 9 and 10, it is said that during the hearing the court limited itself to 2 questions that whether the case can be heard in the Peshawar High Court. And does the Election Commission have the power to decide on intra-party?
The court in its decision said that the elections were held in Khyber Pakhtunkhwa and the Election Commission is also in the province. In the light of the Supreme Court decisions, Islamabad High Court as well as Peshawar High Court also have the authority to hear the case. According to Section 209 of the Election Act, the Election Commission has no power.
The Peshawar High Court in its brief judgment added that forming a political party is a fundamental right of every citizen of Pakistan. A conducive environment should be provided to political parties. There is also the right to contest elections under the electoral symbol. The constitutional right to election symbol cannot be denied. The Election Commission’s decision is illegal. PTI certificate should be issued on the website. PTI is also entitled to the election symbol. A detailed decision with further reasons and explanation will be issued later.
In its decision, the court said that in the written decision on judicial jurisdiction, the case of Ayyan Ali and Asghar Hussain has been referred to Sarpam Court. PTI’s intra-party elections were held in Khyber Pakhtunkhwa. The jurisdiction of the High Court arises when intra-party elections are held in the province. In the Benazir Bhutto case, the Supreme Court has declared that allotment of election symbols is the fundamental right of a political party.
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