Constitutional timeframe for elections: PHC orders CEC, Secy ECP for comments

Humayun Khan
PESHAWAR: Peshawar High Court (PHC) ordered Chief Election Commissioner (CEC), Secretary Election Commission and all provincial members to submit a reply regarding the delimitation of constituencies across Pakistan as well as the holding of general election while adjourned further hearing till 11th September, on Wednesday.
PHC’s divisional bench comprised of Justice Syed Arshad Ali and Justice Dr. Khursheed Iqbal heard writ petition filed Nadeem Ahmad Advocate against Election Commission of Pakistan (ECP) notification issued on 17th August regarding the delimitation of constituencies under the new census.
The counsel Ali Azeem Advocate argued that ECP notification stated that the commission along with Statistic Bureau of Pakistan and other relevant departments will ensure delimitation which will be completed on 4th December.
The delimitation procedure will cause delay in general elections from 90 days which is constitutional obligation and Supreme Court of Pakistan has declared in election for Punjab’s Assembly case that ECP shouldn’t take any move may cause delay in holding polls as per stipulated timeframe, the counsel argued.
The counsel further argued that ECP’s notification is illegal because the process will cause delay in holding of general election, however, Justice Arsahd Ali inquired about submission of identical case before SCP.
The counsel informed that a petition has been filed before SCP in this regard but number isn’t allotted to the case, however, Assistant Attorney General Iltaf Ahmad informed that three different cases are submitted before Apex Court but he didn’t have the record of the cases.
PHC’s divisional bench comprised of Justice Syed Arshad Ali and Justice Dr. Khursheed Iqbal ordered respondents to submit comments as well as directed petitioner to submit record of cases filed at SCP while adjourned further hearing till 11th September.
The similar PHC bench has disposed-off writ petition of former Member Provincial Assembly Mujahid Khan following the submission record of cases registered against him. Additional Advocate General Danyal Asad Chamkani and counsel for petitioner Shah Faisal Ottomankhel appeared before PHC while the petitioner seeking record of cases registered against former MPA.
Additional Advocate General informed that two First Information Reports are registered against former MPA Mujahid Khan by Anti-corruption and added that applicant is absconder in the cases while argued that the now counsel should disclose petitioner’s place after provision of record while PHC has disposed-of the writ in this regard.