BLNC'TION COMMISSION OT" PAKISTAN

,r****'

MR. SIKANDAR SL}I-,'I'AN RAJA, CHAIRMAN

MR. NISAR AHMhD DTIRRANI, MHfuIRtrR
MR. STIAH M IJF{AMMAN .IATOI, MIiMJ}EII
MR. BABAR }IASSAN BHARIYANA, I\4EMI}EII.
MR. JLrS',['lCH (R) IKjIAM IJLLAHKI{Ahl, MEMts[iR

[s tY :,]J
eArs $-N $, #' $,{,f;f,}l2 0 1.* -

Subject: WRIT pRTITION N(}. 5211 OF' 2024. TITLtrD AS S.A.RAJA VS.
ELIICTION COMMISSION Or PAKIS'I'AI\I ultDtrR AILTIC.I.E

PAKISTAF{ BEFORB THX HON1I}LE LAH0RE IIIG.I{ COU.FT.

LAHORE.
Sahnan Akram Ilaja S/o Raja MuhamamdAkrarn R/o 33-C, Main Gulbetg, Lahore.

vlffislr,.!
Election Conrrnissioil of Pakistsn & Others

F'or tho petitionsr: Sauteer Khasfl, ASC

ECP:
I?or tlre Special Sectetary& AD$ I-,nw
" Date ot'hearing: 03;{12:Lt}14

ORDER
$ikandar $ultan Raja, chairman- Brief facts of thc case are that Mr.

5{/* Salman Akram Raja filed the rwit petition under Article 199 of the Constitution befbre the

Hon'ble L,ahore Lligh Court, l-ahore with following prayers,

"In ttiew aJ'the Jbregoing, it is mast respectfully prayed that this l{onorable
Court nray kindly be please to:
I. Declare ttwi the petitioner is a candidate oJ' the political party
Pakistan T'ehreek-c-lnsaf, and not an independent cantlidale' in the
Geneyal Elections 2024 and is entitled tts he recognized as such on the
bullor paper:
il. Declaie thut explanution to Rule 94 af the Electian Rules, 2017 is
ultru vires Article.t I7(2), and 5](6)kl) and (e) tf the Constitution as
well as the lilections Act, 2017, and therefore sffike down the same as
be in g u ncons titu t io n al and un I aw'fui,
il[. Dirict respandent No. l, 2 and 3 to issue a revi^sed Fornt-3i
recognizetl lhc pctitionel as a candidate of PTI rather lhun as an

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5 Ccrrttrd b h. rnr roau I i
IV.
independent candidaru : and
Dirict responflenl Ntt. I ta ensure that the pelitioner i5 re-fle.cted as a
candidare of I'7'l., rather lhan as an independenl candidate, on the
hu\Iot paper'.fhr the Outstituency NA'I28.
It is fitrrhir. lirayecl that in the term during the pendency oJ'the titled
Sahne I
- Orfuty
petition, the respondents ntay ktndly he resyalned from lteating the petitianer
 us on independent candiddte and respondenl No. I and 3 be. directed to revise
the Form-33 to reflecr the petitioner es il cantlidate of PTI instead of as an
indepe ndent candidat e ".

02. The I{on'ble Lahore l{ig}r Corut, Lahore after lrcaring the petitioner and
nomilated Coupsel for the Conrmission assisted by ADG Law and legal team, remitted the
rnattcr tcl the Corrrmission fbr considcration and appropriate orders. The operative paras of the
ordcr dated 25.U.2A24 is reproduced below:-

"{1, 'I'hc gri*vttn#} of the petitionsr is priwtirrily stnt}fit:t/irl.g ilttt ilJ'

alleged t,iokttion oJ' rule 56{t) of the Rules ilnd nnt printfrrg ths
narn* oJ'his p$rrlt in column No. {)5 af Form-Ss by the Retttrning
(${iuer. Ihe d*Jinit ion {{ 'ele#tirsrt r$li*ial ' provitlttt{ it't ,ti}t:tiotl
Jfxvfiii rt{ the fil/ar:tiorrs Act includex {t}? tffi*er r}}" ffiuiul 14{ the
I
Rsttlrnin1 O.lfic*t", t't Rslurning OJflc:vt', ilrt
t'lttnrnti.r.rion, u.DisIri*
,{ssisr ttrtt Returning Officer, {t Prusicling AfIicer, fin ;I,l',rfsf ilnt
prssfdin# {.U/i$er, $ r$ifing t"Yficer ar ntryt r"{Jicer- ot' rfl{icinl rrf lsvt
*nfbrcing (IS#r?c]) $r' r.r/ller il#er?{:its ut' {tnv *tlhlr' rtf{i*ial ctpl;ttirttcd
ur- tl*pt,ietl to p€rf$rm clrffiet; fn cCIrtrwcl'ion w:ith fin ule*ion. Ths
Sririvr ffic* ralilti4g rr: ilffih rle*isiilru $r u*tion or" .&r:I ilrnifi${ fiJiimr
ir stputtt'r,lS, *rrtJ,rcr! in ths {?}{}t'# t{ismts,se$ pt"CIt'i.s'ioxs Lf the
illeiliot?,.t Ar:t, thns, r*dreossfil af such grievunce, if fuund g,enuine,
.{eilts vyithitr the domnifi a.{ the, Comntis.sion. ,,ts.f*r as lhe r{ttttttining
$ontentions of leurnetl drrrr,tff,l'# t Jbr the p{titiot'tct' ilre {:#n{,'{ll'ned, the
s$rne fir'€ y,isibly based on mere fipprehensi$ns. At this stLtgs, Mr.
Ahuzar Salm*n has suhmittecl thnt remsdy hefore the Comrnission
rs illusorl,, ,n'i{ nr'# r$i'uid tlrat ngreeing wilh suclt x$tni.}*.ff#}? rt'ill

t"h render the pr#r,i^rf#ns nf rh* .Eleclion.f Att rudundgnt, lfnx, r'rpellet{.
9. Far \rrh{tl hus be*n r/iscrrsr ed abovs, rys ut'E inclinsd to ref*r' tlw
ru#rftr tu the Comnri.rsion. O.fficur lo lr*rusrrtit co1ry af this petitittrz
along-yvith ull ctnnsxure,y, uc:cordinyty. T'he Comntfssion is expected
ttt tuke up tlte ruatter in next twa duys and then conclude rhe s#nt?
tvitltin tun d*ys, u.fter h*aring all corrc€rned"
I {). Dislso,yed a!."

03. A.s clirected by the Hon'ble Lahore High Court, Lahore, the copy of the order

along with rec.ord was not received tifi 01.02.2024; however, un-attested copy of the order of
Hon'ble l{igh Court wcrs tbruranled through whatsapp by the Law wing of PEC Punjab Otfice'
I-lpon receipt of the order thrnugh whatsapp notice of hearing was issued to the petitioner {br

0?-02-2024. Meanwhilc attested copy of the order wa-s received frorn the Honorable Lahorc
I-Iigh Courr Lahore by post on 01-02-2024.

04. Mr. Sameer Khosa, ASC appeared on bchalf of the petitioner and at the very
outset infornred the Cornmission that the petitioner has also filed a CPLA before the I"Ion'blc
Suprenre C-'ourt of"Pakistan whereirr the order of l{on'ble Lahore l'Iigh Courl, Lahore ltils heen
c,hallengqd__["1e ffurt]rer added that t]re or:der passed Lry tlrt: F{on'ble l-,ahore ['ligh CouI[, I,ahr:re

Saima iuhah
 3

that he
is still in field therefore he will present his case to the Commission. He further added
was uIl-aware about tlre fact that thc name of the party is not printed on the
hallot paper'
on the ballot
theretbre, he intends tn withdrarv his prayer in respect of printing of parly narrle
papcr. lle submitted that the petitiouer has taken the p]ea in the CPL,A filed belbre the arrgust

Supreme Court of Pakistan that Rule 94 of the Election Rules, 2017 be declared
ultra vites to
I'Ion'ble
thc Larv and the Constitution, so he added that the same will be ngitated before the
Suprerne Court of Pakistan- However, he agitated that the Corrunission has thc
powcr to make
power to
Rules fcrr perfounance of its functions and duties and the Comrnission has also dre
take back or withdraw any rule f0rmulated by them. I'[e contended that Form-33 is not
generated under Rule 94 of the Election Rules, 2017.He fruther argued that the
petitioner has
relerred
tleclared himself as contesting candidatc of Pakistan I'ehreek-e-Insaf (lterein atter
trs

p nomination papers. He atlcled that PTt is a registered political party which still
l'I) in his
polirical
exists and has been notitied by the Commission on its website. I-Ie pointed out that
party is defined under Section 2 of the Elections Act, 2017 whicir means association of
citizens and according ro him PTI is still contesting the elections as a political party' lle
highlighted Arricle with Section 212 'nd"202(2) of the Elections
l? of the Constitution reacl
yet, thus,
Act, 20i7 and stated that PTI is a registered political party and is nr:t dissolved
publishing
acoording to him the concerned Retuming Officer has committcd an error white
lurther
the name of the petitiorrer as an independent candidate instead of PTI's Candidate' I"le
argued that in Fornr-33, petitioner is shown as independent candidate whereas petitinner has
party
submittecl affidavit of Pakis&ur Tehreek-e-Insaf. Barrister Gohar Ali Khan has given the
ticket of PTI to the petitioner: thercfore, he prayed that correction should be rnade in Forrn-33'
I{e lurther ctrntencled that according to Section 2l 5 of Elections Act, 2017 only parly syrnbol
was withclrawrr hut a political pari,y sritl exists. He aclded lhat candidates having ticket of
PTI

PTI candidates regardless cl'syrntrol. On tJ:e query of Cornmission

shor.rld be considered as

that }Ion'ble Supreure Court of Pakistan virle its order dated 13.01.2024 upheld the order
passed by the Commissiorr tlated 22.12.2A23, so, what was the status of Barrisrer Cohar Ali

4/* Khan at that tirne?. He elaborated that at the time of tickets distribution of PTI, order of
llon'ble Peshawar Lligh Court was in filed and T{on'ble Supreme Court had not set a-side the
actions talren during that period so according to him ticket given by then Chainnan (Barrister
Gohar Ali Khan) were valid unless it rvas challenged at appropriate forum. FIe added thar the

provisions of Rule 94 of the Elecdon ltulcs, 2017 has no nexus with Section 68 of the

Elections Act, 2017. He while concluding his arguments placed reliance uptln PLD 20lB SC
3?9 and PLD I9tt8 LHR 239. He prayed that the name of the petitioner nray be reflected as
 4

candidatc of PTI rather an independent canditlate on Form-33 and also recognize hirn as party
candidate of PTL

05. The Additional Director Cieneral Law, ECP assisted the Commission and
afgued that the petition is not nraintainable. [Ie further argued that there are two types of
canciidates one nr:minated by the political parlies and other are inclependent candidates under

Section 215 and 67 of the Elections Ac1,2017. He further extracted his argunrents thtt as per

Section 67 of the Election Ast,2017, a canditlate is required to bc cligible for getting symbol
of that political party subject to provision of party certificate trefore the returning offlrcer on
the clay when retuming officer is allotting syrnbols. I{e fuither argued that, the person w}ro
issued tickets to the petitioner, was not a compelent person to issue tickets on that day hecause
Supreme coul set aside the order of PHC and also upheld the order of ECIP r1aftd22-12-2024,
rneaning thereby that, Intra Parfy elections were not in accordance with Larv and persons/
office bearer: elected through that election were also not legally elected. Hence, the tickets
were issued by unauthorized person. I.Ie furtherhighlighted that on 13-01-2024 the petitioner
firstly submitted the party ticket of another party lumely PTI(N) which was clear violation of
Larv and affidavit he submitted at the time of nomination papers, upon this mis-statetnent
Returning ofticer should have disqualitred thc petitioner under section 203(3) o1'the Act.
ADO Law relbned the Para-ll of the Judgment passed by Hon'ble Supreme Court in C.P.
Na.4212024, IIe read paragraphsNo. 5(e) and 5(g) of the order in writ petition No.6173-P/
2023 passed by the Hon'ble Peshawar High Court, Peshawar. He added that Peshawar I'Iigh
Court, Ileshawar, has stated that denying the symbol of PTI shall amount to denial to function
as a political party. I{e relied on PLD 2018 SC 370.

06. We have heard the argumont$ ol the petitione,r and peru$sd tlre recorcl.

07. Ilefore dilating upon the subject issuo, it will be advantageous to reproduce the relevant
provisions of thc Constitution and Law.
*Article l7 otthe Constitution
oJPnkiston 1973
fi7. Every citiaen shall have the right lo .form associations or uniotts,
(1)
subiect to any reasonable restrictiow imposed by taw in lhe interest of
sovereignty or integriry of Pakistan, public order ar moralily.
(2) Every citizen, not being in the service of Pakistan, shall have the right to
Jbrm ar he a memher of a political party, subject tCI any reasonable
reslrictions impased by law in the intere.rt of the sovereignty or integrity of
PaWstan antl such law shall provide that where the Federal Government
declores that any political party has been formed or is operattng in il mfirurcr
preiuclicial to lhe sovereignty or integrity af Pulcistan, the Federal
Governmertt shall, within JiJieen doys of such decltrration, refer the matter t{,
thc Sutrn'eme Court whose decision on such reference shall be Jinal.
 (j) Every political party shall accounl for the Soures of its ./unds in
accordance with law.J
Section 2(XWf0 of the Elecliorrs Act,20l7
2.Definitians.-*in this Act, unless there is aryilhing repugnani in lhe subie.ct or
contexl,*
(xxviii) *political pdrtyl means an association oJ'citizens or a combinalian ar
group of iuch associaiions formed with a view to propagating or influettcing
paliiical opinian antl participating in elections for any eleclive pultlic allit:e or
for membership of a legislative body, inclttdittg iln Assembly, the Seruile, ot
lacal government;
Section 67 nnd 68 o{ the Electlons Act, 2017
62.-Cont$sted elscttofl nnd atlohneilt of svurb.gt{|l:*{Il If ofi* withdruwal, .if
o,iy, liir,r:u- ir, *or" than one coitesting candidates in the constituency, tlze
Riturning Afficer shall allot, subject to any direction of the Cammission, one af
the ltrescribed symbols to each contcsting candidate.
(2) A candiflate nominated by a po:litical party at an election h an! can.stituenry
shatt be allotted the symbol allocated by the Commission to that palitical party
under the provisions of Chapter XII and no other symbol.
(S) A eaididate not'rumiiated by any political party (hereinafter called as
*-inclependent cdndi(latel) shatl rirrnt, and shall he allotted one of the symbols
not allacated to any political party, in the following manner*
(rt) where a symbil'has been chosen by only one independent cundidale, that
s.ymbal shotl be allotted ta that candidate and ttt no one else;
fU rJ'a symhot is chosen by more lhan ane inclepenclent candidates *nd one of
them hai previously been a lu{ember of the Naticrnal A.rse"nthly or a I''rovincial
Assembly, such symbol shalt be allotted to thatformer Member; antl
(c) if more than one independent candidates have given prefcre nce .,for the same
swhol, that symbol shall be allotted by drav'ing of lots.
g) No symhol shall be allotted to any candidare other lhun the prescribed
s'ymbols.
iLl In urrry constituency where election is canlested, dilfere.nt 'rynzbol shall be

t{b allotted to each contesting candidate.

68. List of contestifie catttlidotes.l!l The Returning Afficer, a;fier ullotment 0f
symbols ta contesting candidates, under section 67 sltall'*"
(a) pubti.sh the nimes of the contestlng candidates urrunged tn Urdu
alphabetical order specifiing against each the symbol ullotted lo him; and
(b) give public notice of the day and hours of the pall.
(2) T'he Returning Officer shall suppty d copy af list of contesting canditlutes to
each cuntlidate anti-shull exhibit the list at a prominent place in each polling
slatian on the day of poll.
I tO) The Returning OfJicer shall send a capy of thc list of contesting,
cundidates with their iespective symbols to the Comnilssion which shall upload
itfor display on its y,ehsite.J
Section 208 and 215 a{the Elections Act, 2017

"208., Elgglutw witltilLc.politicil nwn',-(Il "!'he cfficeJte.arers of n political

partlt at the Fetleral, Iirovincial ond local level:t, v,herever npplicahle, shall be
ele"ctecl periodically in accardance with the mnslitution aJ'the polrtic*l party:
l'rovirled that u pe-riod, not exceeding .five years, shall intervene betw'een any
two elections.
(2) A member af a pollticat party shall, subiect to the provision-s o.f the
constitution af the pitittcal paity, be provided with ail equal rtppartunily oJ'
anlesting eleclion.for any politicdl party o-ffice.
 (3) Att members of the politicul party at the li'ederal, Provincial and lacttl levels
shall constirfie tie eleitaral-coitrgifu, electian oJ'the parry general council at
lhe respective levels.
$) Th; politicat party shall publish thc updated list of its central .ollice.bearers
and Executive Cammifiee memhers, by wfi*tever nanrc called, otr it,s website and
send the list, and any subsequent change in it, ttt the commission.
1 [(5) Were a poliiical paitlt fails to conchtct in{ra-party elections as per given
tim,e'frame in iheir con-stituttiotr, a shaw cause notice shalt be issued lo such
politicul
-impose
purty anrl if the party fails to comply with, then the Comrnissittn shall
but shall not be
Jine which *oy nituniio nro hundied thousand rupees
less than ane hundred thausand rupoes.J
2.t5., trtlsibitit|, qf oarw toohialn electian-svn$al*ilt Notwithstanding
, a politicul party enlisted under this Act
sh'atl bi etigible to obrain an election symbol for contesting elections.for Mailis'
eshooru (Parliament), Pravincial Assemblies or local govarnmenl -att
submission of certificares and sliltements reJbrrecl to in seclions 202, 206, 209
and 210.
(2) A confiinatian af enlisretl ltolitical pdrties shatl be. entitled to abtain ane
eiection symbal fitr in elecrian-onty if each party constiluting such combir.tation
submits the aeriiJicares and statenr-ents refeired ta in sections 202, 2il6, 209 and
210.
(3) An election symbol alreatly allocated lo a politicul party shall not be
allocated to dtty other paliticul party ar t:omhinatian of palitical parlies'
(4) llhere a politicaf party atr combination of potitict:l parties, sever-ally ar
collectively, faits ro compty v,ith the provision of section 209 or sectiort 210, the
Commi.ysion shall issue to ,tuch political parly or parties u nolice to shovv cuuse
as to why it or they mily not be declared inetigible ta olttain an election symbol.
(5) tf a palitical party or parlies to wlnm shoty cause notice has been issued
under sib-sectioi (4ifails ta comply with the provision of section 209 or section
210, the Commissiic,i may alfter ffirding it or them 6n opportunity of being
heard, declare it or rhem ineligible to obtain an election symbol for eleclion to
Majlis-e-Shaora (Parliament),"Provincial Assembly or a locci gove.rnruent, and
the Commission shall not allocate an elecli\n slmbol to sudr politir:nl Party or
combinalion of political porties in subsequent elections."
Rule 94of the Election Rules, 2017

"94. Comnti*sior t t*
rt*gl*ru .rs&tr tt'{;tt bv gqch fQ{i ll The
Commissian shall, hy notificatiott in the afffuial {.idzelte, declure the totul
rutnrber of res&nted seu{s wan hy each politicul purty in thtt Nationtil tlssernltlY

e{,* ctnd the Provinci*l A ss*nrblies rssplctivel);,

(2) 'l'ht psr centum shtrre of eoch ;toliti,c*l party shttll he w'ork:ed oltt lt'ilh
refertnce to total mtmhur a.f gsnerill seafs in the. tlttttonul A,ss$mhb', 0r, ct,g lhg
c{tse may be, the respettive Provintiirl d,$sertthllt"
(3) In catculatirtg rhe numher of seats, the kighest .fractirln shall he taken as one
seat till the allicurion 6f total reserveri serr/s irt the conct:rnecl Assembly is
campleted.
111 'l't ,
seals rercrvetl _fbr nan-Muslints and wgmtn shall he divided among the
politicul parties an the basis aJ^lheir p* centum shart as v,orked oril in sub-rule
(2) and in order of priority of the names af canlidates mentioned in the party
/isr-'
Providerl tltat rhe list suhmittetl by a potitical purty ,rhull not he suhject la chonge'
or alterution, eitlrcr in the oller o.{priority or through addition oJ'neu' nilnres or
subtructian of old nantes afler expiry oJ'the dale of subtnissian ol nomination
pilPers: Expianilian.* Far the purpase of thijt rule', the expression
-politicnl
 partyl means a politicul pilrgt ta which a symbal has been allocated by the
Commission."

08. 'l'he tlection Clommission ilShargecl with the duty to organize ancl conduct
elections and to make such arrengement, ,firirt are necsssary to ensure that the Elections are

conducted honestly, justly, fairly and in accorrlance with iaw and that comtpt practices urc
guarded against. ilndeniably, it is fundamental right of every citizsn not being in the service

of Pakistan to fbrrn a Political Party or to be a member of Political Party in terms of Article I 7

of the Constirution. The Parliamcnt has framed laws to effectuate the Constitutional
provisions pertaining to the fomration and functioning of Political Partics' Chapter XI of the
Elections Act, 2017 (the Act) {eals wit}r the Political Parties. I3very Political l}arty enlisted
with the Cornmission un<ler Section 202 of the Act is obliged tn holcl elections within party(s)
in terms oI Section20S ancl to submit a certificate to this effect in terrns of Sectiorr209 of the
Act. Non compliancc of the aforementionecl provisions lus consequences provided in Section
215 of the Act. The Pakistan Tcheek-e-Insaf is an enlisted Politioal Parly in the Election
Commission. The said party was required to holtl intrn pzu'ty elections in accordance with the
provisions of tlre Act, since 2017 and during the extendecl period of onr; year but it tailed to
hold the inlra-party elections resulting in with holding of its Election Symbol. The order of the
Cornmission dated 22-12-2023 was challenged by the party before the Honoralrle Peslrawar
High Court and the High CouA vide judgment dated 10-01-2024 set aside tlre order r:rf the

Commission. However the orcler of the honorable Peshawar lligh Cour:t was challenged

before the Supreme Clourt anclthe I'lonorable Suprcme Court vide judgrnent dated 13-01-2024
allowed the appeal antl set aside the order passed by the Peshawat Lligh Curt dated 10-01-
2024 and restored the order of the Commission dateri 22-12-2A24. Relevant paragraphs of the

iudgrnent are reproduced below,

"]0. T'he ECP is a constitutional body and amongst its dtties are thase mcntioned
in tlrc Car*titution of the Islamic Republic oJ'Pakistan ('the Constitution'), Article
2 t 9{e) of which stipulates that ECP must al,so undertake such fimttions os
prescribed by law, which woultl include those mentioned in the Acl. Section 2AB oJ

sk the Act mandates that politicttl parties must hold intra party elections periodically,
and that a period not exceeding five years elapse u,ithin fivo elections. It further
stipulatus thal every member of a political par\' 'be' pravided with an equal
opportunitSt of contesting election Jbr any ltalilical S.tarty ofice.' Mcmbers oJ' PTI
were not pravided naminatiott psper"s u,hen they went ta gel lhem nor were any
intra party electiotrs hettt. Incidenlttlly, the notice issued by the PT'l Secretru'iat
stated that the elections were t0 he hetd in t'eshmpar but did not mentbn the
venue, anrl then tlrc venue was shifted to Chamknni, which is u village ndincenl to
Peshawar
] l.
Neither bc-fore the LHC nor bqfore the PHC any provision of the Act, including
section 2t5(5), was challengetl. The observution o_f the leurned.ludges that the
pt'ovisiort aJ'the lav, wa,t^ ahsurd was uncall,ed Jttr, particulm'ly v,hen no provision
thereof was declared to be unconrtitulional. Surpri,singll,, no declaratian was
 saught, ttor $iven, that intrn parry elecrion.t tt,era heltl irt .PT't, let alone lhul llrc
-with
same were held itt accardice the lav'. lf it hud been e,stablished that
ltene'fit to s.uch
electiotts had been held then ECP woultl have rc ju$trtt iJ'un'y le'gal
a politiml party was'irlig irnneld, but if intra- party ilections.were
not held the
binefits oirrrirg purr,nn\ ,o the holding iJ'etectians could not be claitned.
12. Wa also tlo not agree with tlte leori:ri lurtgt.y that the ECP .:lid
not have 'any
lntru iarty Ele1tons td'a palitiuul purty''
'lfJr*.isdictiol to questiirn or acliudirute theit rt'tniltl render ull provi'rions in the Act
such an intirpretatttion i.i rtcceptecl
and
reqttirinS; lhe hotding ,,y n,,rn pttin, elcctir),ts illu.sarl, untl oJ' no ron.tequenct
he redundanl.
13. Therefore, for rhe aforesaid arut tJetuiletl redsons to follou" this petilion
is.
converted itro an ,;p;;i -;;i allov;ed hy setting a,ride thc inpzrgned order ond
judgntent of the Pttti;;;r;, in WP Nr,, itzvfi023; resuttantly, the order of the
ECf duterl22 Decernber" ;1023 is upheld."

to
09. Article 17 of thc Constitution guarantees Fundarrrental Rights of the citizens
form political party or to be a member of political party.
'Ihe Constitution guarantees
fundamental rights of citizens but at the same tirne there is a correspoilding
tluty which

obligates the citizens to obey the Constitution and Law in lerms of futicle 5 of thc

Constitution. l"he Elections Act,20l7 deals with fotmation and functioning of the poiitical
has to
parties as provided in chapter XI. Every Political Party enlisted in the Conunission
comply with the provisions ol'section 2A9 of the Act beftrre becoming eligible for
allocation
held not
of syrnbot. The PTI did not comply with ttre provisions of section 209 ibid and was
by the
eligibte to trbtain electiol symbol. 'l'he OrrJer of the Commission has been upheld
august supreme court which is still in field. For the purpose of election, two t)?es of
cardidates contest elections, one nonrinated by political parties and the others
are

independent. section 68 of the Act pfovicles that the Returning officer shall allot
Election
iu:e
Symbol of the party to the camliclates of Political Parties whereas; independent candidates
allgttecl syrnhols trnm the chart of symbols puhlished by the Clonunisston in tenrls
tlf ltule 162

of the Efuctiop ltules, .'f'he contention of ilre petitiorsr ttrat f'fl is aR eulisted Political
2fr17

party and nafite of the pe,titionor with effiliation to the ltoliticrrl patty may be cntered in
column 5 6n Foln 33 issued by the Returning Ofticer. 'Ihe arguments are not in line with the

pr-ovisions of scctiol 68 of tle Actrvhich provides that fie retruning officer shall publish the
narnesof the Contesting Calclidates in Urrlu atphabetical onler specilying against each the
symbol altotted to him. Tl.re party symbol tif PTI has been withheld duo to the non complianoe
Supreme
of rnandatory provision of secrion 209 of the Act which is also upheld by tlre august
Court of Pakistan vide judgment dated I 3-01 -2024.
10. Notwithstanrting, the affiliation of tho petitioner with llTl arrd alleged party

tickct inclrrding entries of party sfliliafion in the nomination papers o1' ths petitioner' he
he treated as nonrinee of Pl'I nor his party (Pl'D can bc reflected in columrl 5 of
r.33 in absencc of party syqr}ol.'I'hc Juclgnrent of tfue Honorable Peshawiu']'ligh Court
Ic
 9

Peshawar daled 10-01-2024 has been set asicle by the Augrrst Supreme Court of Pakistan and

thc order passed by the Cornrnission daLe,J 22-12-?-023 has been upheltl. The contention of tlte

Petitioner that the ticket was issued by an electcd party Chairman in favor of the
petitionel on
is
the strength of the judgment of the Peshawar I{igh Court, during the inteffegnum per"iod
devoid of force becarse the order of the Peshawar High Court after being set aside
by the

Supreme Court has lost its efficacy. It was declared by the Comrnission and the
august

witlr
Supreme Court of Pakistan that the intra party election of P'l"I was not held in accordance

their party's Cunstitution and Hlections Act, ?.017. I'he election of party's Chainnan was not
acoepted by the Clommission and certificate wafi not notified by the Commission on the
ground that the certificate \vos not in accorclance wifh law. 'Ihercfore Mr' Gohar Ali khan
could not issue party tickets of PTL

r1. The language of section 68 clearly ptovides that the RO shall draw the
list of

the Contesting candiclates reflectilg the name of contesting candidates specifying against eaclt
the syrnbol allotted to him. Ihe Symbol allotted to the petitioner was fiom the charr available
for independent candidates, therefore the petitioner's candirlature of PTI czrrnot be entered
ir:r

Column 5 of Form 33. Rule 94 of the Election Rules, 2017 explains that tbr the
purpose of
political
declaring seats wott by each political party, the expression Political Party" means a
party to which a symbol has been allocated hy the Cammission'

12 The petitioner has been allottect symbol tr6m the chart available lbr independcnt
candidates as the party to which he claims atfiliation has not been allocated hllection Symbol
by the Cotnmission. Allowing any entry in absEnce of party symbol in column 5 of Form
33

and entry applicant's narne as Candidate of PTi will contradict the symbol and identity of
Party as the petitioner is declared as an independcnt candidate. Moreover, such entry will also
invalidate the action of the Returning Officer under Section 67 and 68 of the Elections
4t* Act,2017, which otherwise has been done in accordance with law'

13. The Hnnourable Supreme Court of Pakistan while deciding the matler of intra-pzu'ty
election of PTI <lated 13-01-2A24 inCP No.42i2024 has categorically and in cleru terms
observed that ".!u4prising$t, no tleclaration u'as sought, nor given' that intra- party
elections were helcl in P7:1, let alone thqt the sctme were hetd in accordance with lhe latv.
tf it hart been estahlished rhd elections hacl been heltl then ECP waulcl have to iustify it
iny tegal benefir tu such a political pfrrty v,{ts being withhetd, hut if intra pary'.elections
were not held the benefirs acuuing pursuant to ihu hotding of elections could not he
claimed."
 I
tF

10

that
lZ. In view of tho cbove discussion, the Commissioo has ardved at conclusion
the,petitioner's oloim forirecording his party ryme ia column 5 of Fonn 33 is misconceived
and the petition is hereby dismissed

*t'\

$ik&T'd*r Sfi ltnn $.*1s "'

Chaiftuf,n ,'
1i

'HissflAhffiffi Surrani
'.i
..
Shah Mulrapnprad Jatoi
Memberi lvlemher ,-, /

Babar lrassan nfrarwana

cft &{ (,

Justics (R)Ikramlnlah Khan

r,

Memberl Mernber