LHC Bench to Hear PTI Election Symbol Plea
The Lahore High Court has formed a larger bench to hear a petition that challenges Section 215 of the Elections Act 2017 and seeks the return of the PTI election symbol, the bat.
Justice Abid Aziz Sheikh will head the bench. Justice Malik Waqar Haider Awan and Justice Malik Javid Iqbal Wains will sit with him.
The petition argues that Section 215 conflicts with Article 17 of the Constitution, which guarantees citizens the right to form political parties and join them. It says taking away a party’s election symbol harms its political existence, its participation in elections and its democratic rights.
The Express Tribune reported that the case was listed for hearing on November 12, and the larger bench has now been formed to hear it.
Why the PTI election symbol was taken away
On December 22, 2023, the Election Commission of Pakistan stripped the PTI of its bat symbol, saying the party had failed to hold its intra-party elections in a transparent way.
The Peshawar High Court declared the commission’s order illegal on January 10, 2024. Four days later, a three-member Supreme Court bench led by then chief justice Qazi Faez Isa set aside the high court’s order.
As a result, the PTI could not contest the February 8, 2024 general elections as a party. Its candidates ran as independents, and the party later lost its share of reserved seats in the National Assembly.
What Section 215 says and why it matters
Section 215 of the Elections Act links a party’s right to an election symbol to its intra-party elections. A party that does not hold those polls as the law requires can lose its symbol.
Election symbols matter because voters identify parties by them on the ballot paper. The petition argues that legal limits on the fundamental rights of political parties must be tested against the Constitution.
The petition further argues that depriving a party of its symbol seriously affects its political existence, its participation in elections and its democratic rights.
What happens next
The larger bench will now hear the petition and settle the constitutional questions it raises: whether Section 215 conflicts with Article 17, and whether the loss of a symbol can stand when it limits a party’s right to take part in elections.
The bench will hear arguments from both sides before ruling on the constitutional questions. Its decision will settle whether Section 215 can stand as written, or whether the law must change to protect a party’s right to take part in elections.
The case lands as election activity picks up across the country. The Election Commission has set February 7 for local government polls in Punjab, and the chief election commissioner has spoken about attempts to sabotage the Islamabad local polls. The Islamabad High Court has also suspended the schedule for local government elections in the federal capital.
The courts have stayed central to election disputes. The Federal Constitutional Court marked its first anniversary this week, and the Islamabad High Court ordered this week that Imran Khan’s lawyers be allowed to meet him in Adiala Jail to prepare his appeals.
Frequently asked questions
What is the PTI election symbol?
The bat is the election symbol of the Pakistan Tehreek-e-Insaf.
Why did the PTI lose its symbol?
The Election Commission stripped the party of the bat on December 22, 2023, saying it had failed to hold its intra-party elections in a transparent way.
What is Section 215 of the Elections Act?
It links a party’s right to an election symbol to its intra-party elections. A party that does not hold those polls as the law requires can lose its symbol.
What does Article 17 of the Constitution say?
Article 17 guarantees citizens the fundamental right to form political parties and become their members.
Who will hear the petition?
A larger bench of the Lahore High Court headed by Justice Abid Aziz Sheikh, with Justice Malik Waqar Haider Awan and Justice Malik Javid Iqbal Wains.
