The Pakistan Tehreek-e-Insaf (PTI) has requested that the Supreme Court form a larger bench, consisting of at least five judges, to hear its review petition regarding a judgment made on January 13 about its internal elections. A three-member bench, led by Chief Justice Qazi Faez Isa, will consider the PTI's petition on October 21.
This case stems from an earlier decision by the Supreme Court that upheld an appeal by the Election Commission of Pakistan (ECP). The court had set aside a ruling from the Peshawar High Court that had reinstated PTI's electoral symbol, the cricket bat, and approved its intra-party elections.
On Saturday, PTI filed a civil miscellaneous application under the Supreme Court (Practice and Procedure) Act of 2023, requesting that the case be referred to a committee to establish a larger bench. PTI argues that the interpretation of constitutional provisions is crucial to the case, making it necessary for a larger group of judges to review it.
In their application, PTI claims that the ECP, as a constitutional body, should not be considered an "aggrieved party" in this matter. They argue that the ECP's decision to revoke PTI's electoral symbol shows bias, violating Article 218(3) of the Constitution. PTI believes the Supreme Court misapplied previous judgments in its ruling.
Additionally, PTI points out that the judgment ignored important past decisions from larger benches and did not consider significant changes made by the 18th Amendment to the Constitution in 2010. They note that the ECP's role is mainly to organize elections, not to act as a party in disputes.
PTI emphasizes that the ECP's functions are primarily executive, although it can also perform quasi-judicial roles. They argue that since the ECP acted as an adjudicator in this case, it cannot be viewed as an aggrieved party if its decision is overturned.
In light of these points, PTI requests that the Supreme Court’s committee establish a larger bench of at least five judges to hear the review petition.