THE umpire wants the bat back at the crease. The Peshawar High Court has — for the second time — overturned the Election Commission’s regrettable order stripping the PTI of its iconic election symbol ahead of the upcoming general election. The decision, delivered just in time, reverses one of the severest handicaps imposed on the PTI ahead of the upcoming elections. The ECP had argued that, based on alleged irregularities in the intraparty election held by the PTI last month, it was entitled to take the symbol from the party. However, the PHC ruled yesterday that this wasn’t a good enough reason to deny a political party its primary means to collect votes on polling day. “The PTI is entitled to the election symbol strictly in terms of Sections 215 and 217 read with any other enabling provision of the Election Act, 2017 and Election Rules, 2017,” the short order read, with the court further ruling that the ECP’s earlier order was “illegal, without any lawful authority and of no legal effect”.

It is worth pointing out that the ECP’s decision to strip the bat would have rendered the PTI’s candidates able to contest the elections due on Feb 8 as independents only. Such a severe penalty would kill any party’s election prospects, especially since multiple candidates vie for the same party’s ticket in most constituencies, and it is impossible for the parties’ voters to know which of the people named on the ballot are being formally backed by their party in the absence of the familiar election symbol against anyone’s name. In case enough voters are confused — which is quite likely, considering the variety of candidates on the ballot paper — this could mean the difference between a large victory and an overwhelming defeat. It seems the PHC took cognisance of the severity of these consequences while striking down the ECP’s order in its latest ruling. As such, it is the correct decision. As was pointed out in the arguments in court over the matter, no party has ever been made to contest elections without its symbol except for under a dictatorship. It is a shame that matters came to this, but the court has thankfully ruled in favour of a fair contest. The PML-N, PTI and PPP now have a fight to win. It is time to kick off the campaigns in earnest.

Published in Dawn, January 11th, 2024