Justice Ejaz Anwar and Justice Syed Arshad Ali of the Peshawar High Court heard the petitions filed against the PTI's intra-party elections.
Justice Syed Arshad Ali asked under which section the Election Commission took action against this party, the lawyer complainant said that action has been taken under Section 215 of the Election Act, on which the court said that the results of the election have been collected within 7 days. That what the founder of PTI will say will happen.
Justice Ejaz Anwar remarked that here all the parties have been run by people of the same family, perhaps this is the only party that is allowing the workers to come forward.
Replying to the objections raised by the lawyers of the complainant, PTI's lawyer Barrister Ali Zafar said that the lawyers of the parties questioned the jurisdiction of the court.
Barrister Ali Zafar said that our intra-party elections were held in Peshawar, which come under the jurisdiction of the High Court, now the elections are being held for the whole country, our party's general secretary is also from this province.
Justice Ejaz Anwar asked who is the general secretary of your party. Barrister Ali Zafar said that Omar Ayub is the general secretary who belongs to this province, the case against model Ayaan Ali was in Rawalpindi, he was arrested at Karachi airport, even then the jurisdiction of the High Court was questioned.
Pti's lawyer said that in the Ayyan Ali case, the Supreme Court ruled that the Sindh High Court has jurisdiction, the complainant's complaints are based on bad faith, the complainant wants to end the party, not re-election, the Decision of the Election Commission can be challenged anywhere in Islamabad or Peshawar High Court. The party office is in Islamabad, the case cannot be held here.
Election Commission's lawyer Sikandar Bashir Mohmand said in his arguments that the paper was waved and said that this is the party chairman and these are the results, they say on illegal intra-party elections that give us the election symbol.
Justice Arshad Ali said that under Section 208 of the Election Act, intra-party elections are held, how the party symbol was withdrawn under sub-section 2015 of Section 209 of the Election Act, on which the lawyer said that under Section 209, intra-party elections form 65 are not only seen but satisfied. There is a body that can look after intra-party elections.
The lawyer of the Election Commission said that in Section 209, it is said that the form 65 of the party chairman is an undertaking that the party elections were held under the party constitution, the election symbol is only with the party at the time of elections, four years after the election, this symbol is with the Election Commission. And the day after the election symbols will be allotted, after the elections, the political party has nothing to do with the symbol.
A two-member bench of the Peshawar High Court (PHC), after hearing the arguments of the petitioners, the Election Commission of Pakistan (ECP) and the PTI lawyers, gave a reserved verdict and restored the pti's election symbol.
The court suspended the election commission's decision and ordered the Election Commission to issue a certificate of election symbol to PTI, saying that PTI is a political party and is entitled to the election symbol.
