ISLAMABAD: Chief Justice of Pakistan Qazi Faez Isa on Friday emphasized the right of all political party members to vote for their leaders while hearing a petition filed by the country’s election oversight body, describing democracy as a fundamental right not only nationally but also within the political factions.
The Election Commission of Pakistan (ECP) moved the top court a day earlier after the Peshawar High Court allowed former prime minister Imran Khan’s Pakistan Tehreek-e-Insaf (PTI) party to retain “cricket bat” as its symbol for the upcoming elections next month.
The ECP decided to revoke PTI’s election symbol, reflective of Khan’s past as a cricketer, in a ruling last month after declaring its intraparty polls in violation of the country’s election laws and the party’s own constitution.
The PTI challenged the decision in the Peshawar High Court which declared the ECP verdict “unconstitutional” on Wednesday.
“Every citizen has a fundamental right to vote for a political party of its choice and every political party member has the same right too,” the chief justice observed during the hearing televised live on the top court’s website.
“Democracy is a fundamental right, which should be present in both a country and a political party,” he continued, adding the removal of that right would lead to dictatorship.
Justice Isa noted the Peshawar High Court had not declared PTI’s intra-party polls compliant with the election laws and had only directed the return of its election symbol.
“The ECP has two functions: one [is] regulating the affairs of political parties, which is an ongoing exercise, and the other is [to hold] free and fair elections,” he said.
Following the hearing, the new PTI chairman, Barrister Gohar Ali Khan, emphasized during his media talk that election symbol was the right of all political parties since it was a key aspect of their identity, as outlined in the constitution.
“The PTI held its intraparty elections in a way that none of the other 175 political parties have done,” he continued, adding his party had urged the Supreme Court to direct the ECP to conduct free, fair and transparent polls in the country.
The PTI leader said his party had high hopes the top court would save democracy from being derailed in the country.
“We have issued tickets for 835 out of 850 seats,” he added. “If you make these candidates independent, it will be like the funeral of democracy.”
The ECP counsel, Makhdoom Ali Khan, argued in today’s hearing the PTI conducted the intra-party polls “covertly,” saying they had deviated from the party’s constitution.
“The formation of PTI’s election commission for intra-party polls was not legally valid since as no other member was appointed in it except for the chief election commissioner,” he said.
The PTI counsel, Hamid Khan, sought a Monday adjournment to prepare the case, making the chief justice mention that the Peshawar High Court decision would be suspended for three days in such a scenario.
The ECP lawyer, on the other hand, pleaded to continue the hearing, informing the bench the election symbols for the February 8 polls would be assigned to candidates on Saturday.
Emphasizing the time sensitivity of the case, Justice Isa adjourned the hearing until 10am on Saturday.
