Summary
- LAHORE: The Lahore High Court on Tuesday heard a petition challenging the withdrawal of the Pakistan Tehreek-e-Insaf (PTI) election symbol — the “bat” — and directed that the matter be clubbed with an already pending intra-court appeal on the same issue for a consolidated hearing.
- The petitioner has challenged the constitutional validity of Section 215(5) of the Election Act, arguing that the withdrawal of a political party’s election symbol effectively restricts its participation in the electoral process and undermines its political existence.
- The petitioner requested the court to restore PTI’s election symbol and allow the party full participation in the electoral process under its traditional identity.
LAHORE: The Lahore High Court on Tuesday heard a petition challenging the withdrawal of the Pakistan Tehreek-e-Insaf (PTI) election symbol — the “bat” — and directed that the matter be clubbed with an already pending intra-court appeal on the same issue for a consolidated hearing.
A two-member bench comprising Justice Hassan Nawaz Makhdoom and Justice Khalid Ishaq took up the petition filed by citizen Salma Riaz. During the proceedings, the bench observed that it could not issue a separate ruling while similar legal questions were already under adjudication.
Justice Khalid Ishaq noted that parallel proceedings on identical constitutional questions could lead to inconsistency and therefore required joint consideration.
The petitioner has challenged the constitutional validity of Section 215(5) of the Election Act, arguing that the withdrawal of a political party’s election symbol effectively restricts its participation in the electoral process and undermines its political existence.
The petition contends that Article 17(1) of the Constitution guarantees every citizen the right to form associations and political parties, while Article 17(2) only allows restrictions on parties under narrowly defined constitutional grounds.
It further argues that a political party cannot be effectively sidelined through administrative or procedural actions, as such measures contradict the spirit of democratic participation and fair elections.
The petitioner maintained that restrictions on political parties are only justified if they are involved in activities threatening national integrity or engaged in prohibited foreign funding. In this case, it argued, no such grounds were established for withdrawing the party’s electoral symbol.
The petition also cited past judicial precedents involving prominent political figures, including former prime ministers Benazir Bhutto and Nawaz Sharif, stating that courts have historically upheld democratic rights and political participation even during legal and constitutional disputes.
Additionally, the plea referenced international human rights principles that protect the freedom of association and the right of political parties to contest elections without undue restrictions.
The petitioner requested the court to restore PTI’s election symbol and allow the party full participation in the electoral process under its traditional identity.
After hearing initial arguments, the bench directed that the case be fixed along with the pending intra-court appeal, ensuring both matters are heard together for comprehensive adjudication.
The hearing was subsequently adjourned, with further proceedings expected once the consolidated case is taken up by the court.
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