A two-member bench termed the ECP's decision "incorrect". (File)
In a major relief for Imran Khan's party ahead of the general elections, a high court in Pakistan on Wednesday declared as unconstitutional the election commission's decision revoking the jailed former premier's party's cricket 'bat' electoral symbol and rejecting its organisational polls.
The Peshawar High Court directed the electoral body to return the Pakistan Tehreek-e-Insaf party its iconic cricket 'bat' electoral symbol back and upload the party's certificate of internal elections on its website, Dawn newspaper reported.
The decision comes shortly after the party withdrew from the Supreme Court its appeal seeking the restoration of its electoral symbol.
On December 22, the Election Commission of Pakistan decided against letting PTI retain its electoral symbol for the February 8 election, saying that it had failed to hold intra-party polls under its current Constitution and election laws.
A two-member PHC bench comprising Justice Ijaz Anwar and Justice Arshad Ali termed the ECP's decision "incorrect".
The PTI had approached the PHC against the ECP order on December 26 and a single-member bench restored the electoral symbol of the party till January 9.
On December 30, the electoral watchdog filed a review petition in the PHC, arguing that the court had overstepped its jurisdiction. Days later, in a major blow for the PTI, the high court restored the ECP order, stripping the party of its symbol again. Subsequently, the PTI moved the Supreme Court against the restoration of the ECP ruling.
A day earlier, PTI counsel Barrister Ali Zafar had argued before the PHC that the electoral watchdog was "only a record keeper" and did not have the power to "snatch a party's electoral symbol".
After marathon arguments advanced by lawyers representing the PTI and the ECP for almost five hours, the bench had adjourned the hearing till Wednesday.
Justices Anwar and Ali presided over the hearing, where counsels of those challenging the PTI's intra-party polls were to present their arguments.
Speaking to the media outside the PHC after the announcement of the verdict, PTI counsel Zafar said, "Now, no one can stop PTI from winning these elections." Hailing the decision, the PTI Senator said PHC kept its tradition of announcing decisions as per law.
"Court has ordered to restore PTI's bat symbol and upload intra-party polls results on its website immediately," he added.
The court has annulled the decision to take away PTI's electoral symbol. "It was a conspiracy against the PTI to deprive it of the bat symbol," said Barrister Zafar.
(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)
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