Supreme Court Emphasizes Importance of Intra-Party Elections
Key Ruling on Political Party Integrity
In a recent ruling, the Supreme Court highlighted the crucial importance of intra-party elections (IPE) in safeguarding the democratic integrity of political organizations.
PTI’s Symbol Revoked: Court’s Decision
Accountability for Non-Compliance
Chief Justice of Pakistan (CJP) Qazi Faez Isa authored the exhaustive 38-page ruling, which upheld the Election Commission of Pakistan’s (ECP) decision to rescind the Pakistan Tehreek-i-Insaf’s (PTI) election symbol—the cricket bat—on January 13.
Failure to Conduct IPE: A Significant Breach
Judgment on PTI’s Internal Polls
This decision arose from the PTI’s non-compliance with IPE requirements, with the court squarely placing blame on the party’s leadership for refusing to conduct these internal polls.
Impact of Neglecting IPE
Consequences of Non-Adherence
The judgment stressed that political entities forfeit their democratic essence when they neglect IPE, severing ties with their members and reducing the party to a mere shell devoid of substance.
Lamenting PTI Leadership’s Actions
Unilateral Decisions and Disregard for Members
The judgment lamented the unilateral and arbitrary actions of PTI leaders, who disregarded the interests of the party’s 850,000 members.
Significance of IPE: Legal Precedents
References from International Jurisdictions
In discussing the significance of IPE, the judgment drew upon legal precedents from various jurisdictions, including the United States and the United Kingdom.
Legality of Elections Act 2017
Addressing Criticisms and Upholding the Law
Additionally, it addressed criticisms of the Elections Act 2017, stressing that the law underwent democratic enactment and must be upheld unless proven unconstitutional through legal challenge.
Reaffirming Adherence to Law
Concluding Remarks
The judgment concluded by reaffirming the importance of adhering to Pakistani laws enacted by parliament, emphasizing that unless challenged and declared unconstitutional, these laws must be respected and enforced by all branches of government, including the judiciary.
