Bat mark case: Arguments of Election Commission and PTI lawyers, hearing postponed today (till Wednesday)
Peshawar ( Web News )
The Peshawar High Court has adjourned the hearing of the Pakistan Tehreek-e-Insaf (PTI) intra-party election and election symbol case till 9 am on Wednesday. Justice Ejaz Anwar and Justice Arshad Ali of Peshawar High Court are hearing the case. For the hearing of the case against the intra-party elections and the return of election symbols, lawyer Shah Faisal Atmankhil and Election Commission lawyer Sikander Shah Mohmand are in the court on behalf of PTI. During the hearing, PTI’s lawyer requested that the party leader Barrister Gohar Khan is on the way, the case should be adjourned for some time. But Justice Ijaz Anwar said that you have submitted your answer now. Along with this, the Supreme Court adjourned the hearing for some time by accepting the request of PTI’s lawyer. He said that the objectionable lawyers should also be summoned. The first objection of Tehreek-e-Insaf to the elections is Akbar S. Babar, where is he? The petitioner said that my lawyer is not coming to the court because of the strike. Justice Ijaz Anwar said that this court We have nothing to do with the strike. Advocate Election Commission said that on 13th Election Commission will allot the election symbols to the candidate, if the symbol is not allotted to PTI, then they will be considered independent. It has ended. Justice Arshad Ali inquired that if we take a decision today, then this problem can be solved, there is no need for a case in the Supreme Court. On this occasion, Qazi Anwar Advocate apologized to the court for the delay of Barrister Gohar. Justice Ijaz Anwar said that you should explain to them that they should come on time and there will be no more waiting. Justice Ijaz Anwar adjourned the hearing once and said that the hearing will be held again at 1:15 PM, he will not give any more time. After the break, the hearing resumed, then the lawyer Election Commission said that no person was allowed to participate in the intra-elections, everything was pre-arranged. If there are to be, intra-party elections can be held in such a situation? Lawyer Election Commission said that PTI did not ask for any nomination papers for the intra-party election, the court said why not keep this case for the day after tomorrow. Barrister Ali Zafar said that you should restore the interim relief. Justice Ijaz Anwar said, “No, we did it after we saw it. Your interim relief is the final request.” Can’t even deliver, the court said that it’s okay, you continue the arguments. Barrister Ali Zafar argued that intra-party elections should be held in 20 days as per the order of the Election Commission, Barrister Gohar was elected party chairman as a result of the elections. Barrister Gohar signed the record and gave it to the Election Commission. He took the position that the Election Commission does not have the authority to declare intra-party elections invalid, even if intra-party elections are not held, then the Election Commission will deprive a party of its electoral symbol. Can’t, the Election Commission is only the record keeper, according to the rules, any party will make its own constitution. Barrister Ali Zafar argued that according to the rules, the parties will only submit records to the Election Commission, to the Election Commission regarding intra-party elections. No authority. Barrister Ali Zafar said that the Election Commission has no authority, the Election Commission only objected that the appointment was not done correctly, the decision of the Election Commission is based on malice, it should be annulled. With this, Barrister Ali Zafar The arguments have been completed, he gave arguments for 2 hours continuously. Justice Ijaz Anwar said that Barrister Ali Zafar sir, you have given your arguments, drink tea, you have also traveled, the court will gather at 3:30. After a break, the hearing of the case against the PTI intra-party election and the return of the electoral symbol has resumed. The arguments of Election Commission’s lawyer Sikandar Mohmand are continuing in the Peshawar High Court. He says that the Lahore High Court and Peshawar The case in the High Court is word for word the same, the Lahore High Court dismissed the case on 3 reasons, the first reason is that the case is being heard in the Supreme Court, the second reason is that the case is being heard in the Peshawar High Court, Lahore High Court. The third reason for the dismissal of the case from the court is not directly challenging the law. Lawyer Sikander Mohmand said that the High Court cannot interfere when the case is in the Supreme Court, this case is not even hearable. Justice Ijaz Anwar remarked that Lahore The High Court has given respect to the Peshawar High Court. The counsel for the Election Commission said that two courts cannot be approached for one relief, PTI alleged that the Election Commission decided on a summary basis, PTI. I was given several opportunities to implement and 20 more days were also given. The Election Commission had made it clear that the mark can be taken if there is no intra-party election. The Election Commission had already clarified this in the notice. Lawyer Sikander Mohmand It was said that PTI had asked for 1 year for the intra-party election due to Corona, the Election Commission gave many notices to PTI even after that, PTI also took statements in various documents, PTI amended the constitution but withdrew the amendment when the Election Commission called for it. He said that if elections are held on the withdrawn amendments, the elections will automatically be annulled. Not made transparent, there is only one point in the application containing pages that the Election Commission is only the record keeper, Tehreek-e-Insaf said that the Election Commission does not have the authority to declare intra-party elections invalid. Lawyer Sikandar Mohmand said that PTI The statement of is wrong, the Election Commission has the authority constitutionally, the Election Commission has the responsibility to ensure fair and transparent elections, PTI said that the decision dissolved the party, this is wrong, if If this is the case, then the Supreme Court will have to go. He argued that it is necessary to clarify that this is only a case of withdrawal of election symbols, intra-party elections should not only be in accordance with the party constitution but also the Election Act should be taken into consideration. The Election Commission does not have the authority, this is not true, it is necessary to satisfy the Election Commission regarding the holding of intra-party elections. Justice Arshad Ali inquired whether you can take any action on the intra-party elections? Lawyer Election Commission replied. Justice Ejaz Anwar asked if you gave him a notice? The lawyer said that he was given 3 notices. Justice Ijaz Anwar said that he had given them before the intra-party elections. Justice Arshad Ali inquired whether another notice was not to be given after the intra-party elections. Sikandar Mohmand said that no, because this case was already going on and earlier notices had been given, there is no need for a new show cause notice, the Election Commission has fulfilled its responsibility, the Election Commission has authority and there are decisions on it. Party elections have to be conducted according to the party constitution and the election commission then looks at it. He said that the fundamental right that was done becomes the right according to the constitution and the law. The lawyer Election Commission said that the lawyers of the parties did not appear due to the strike. There was laughter in the court at the request of the lawyer of the Election Commission. Later, the lawyers of the parties in the case appeared in the court, they said that We should be given time till morning, there is a strike today. The court remarked that tomorrow morning at 9 o’clock they will hear you, after 9 o’clock they will not hear you. Later, the court took up the PTI intra-party election and election symbol case. The hearing was adjourned till Wednesday. Speaking to the media after the hearing, ex-chairman PTI Barrister Gohar said that today there was an appearance in the Peshawar High Court regarding the bat mark, tomorrow the rest of the parties will be heard, hopefully the verdict will be delivered tomorrow. It will come, we hope that PTI will get the symbol of the bat back. He said that today our arguments have been completed in the Peshawar High Court, an order was channeled before the Supreme Court, if the decision of the Peshawar High Court comes. So there is no need for a case in the Supreme Court again, they will give tickets to lawyers too, PTI has no electoral alliance with any party.