The Peshawar High Court delivered a comprehensive verdict on the PTI intra-party election and election symbol case.
Justice Arshad Ali, in a 26-page written judgment, focused on two pivotal questions: first, whether the case falls within the jurisdiction of the Peshawar High Court, and second, whether the Election Commission holds authority in deciding intra-party elections.
The court determined that as the elections took place in Khyber Pakhtunkhwa and the Election Commission operates in the province, according to Section 209 of the Election Act, the Election Commission lacks jurisdiction. Contrarily, based on Supreme Court decisions, both the Peshawar High Court and the Islamabad High Court have the authority to hear the case.
Emphasizing the fundamental right of every Pakistani citizen to form a political party and participate in elections under an electoral symbol, the court declared that political parties deserve a conducive environment.
It deemed the Election Commission’s decision as illegal, affirming PTI’s entitlement to the election symbol, and directed the issuance of PTI’s certificate on the website.
The court announced that a detailed judgment with further reasons and explanations would be released at a later date.