On Thursday, the Lahore High Court concluded the case filed by PTI’s Advocate Salman Akram Raja and instructed the Election Commission of Pakistan (ECP) to adjudicate on his application challenging the designation of being an independent candidate for NA-128.
A decision was announced by a two-judge bench, comprising Justice Ali Baqar Najafi and Justice Sultan Tanvir Ahmad, following the presentation of arguments by lawyers representing the petitioner and the Election Commission of Pakistan (ECP).
Counsel Sameer Khosa, representing Raja, argued that his client is affiliated with the PTI and has the intention to participate in the elections as a candidate from the party, as his nomination papers were accepted by the Returning Officer (RO).
Khosa asserted that the ECP does not have the authority to bar any party from participating in elections, emphasizing that the PTI has been officially registered with the ECP since 1996. He contended that although the electoral symbol was withdrawn due to the party’s failure to conduct intra-party polls, the PTI still exists, and the commission wrongly labeled the petitioner as an independent candidate.
He urged the court to declare that the petitioner is a PTI candidate and not an independent candidate for the upcoming general elections on February 8.
The lawyer representing the ECP argued that a party cannot contest elections without an allotted symbol. When questioned by the court, the lawyer explained that Form 33 distinguishes between two types of candidates: party candidates and independents. If a party is eligible, its candidate is categorized as a party candidate.
Advocate Khosa maintained that the petitioner’s right to contest elections as a party candidate remains valid. He cited the precedent of Benazir Bhutto, where the PPP was permitted to participate in elections without a symbol.
In response to the court’s inquiry, the lawyer confirmed that the petitioner did not file an appeal with the ECP and directly pursued the writ petition.
The bench concluded the petition, directing the petitioner to approach the ECP first and instructing the commission to make a decision in accordance with the law.