Failure in holding of KP Assembly polls: Writ sought charges against KP Governor under Article-6

Humayun Khan
PESHAWAR: A writ petition has been filed at Peshawar High Court (PHC) seeking power suspension of Governor Khyber Pakhtunkhwa and framing of charges of high treason under Article-6 for his failure to announce schedule for election to provincial assembly in 90 days.
Deputy Organizer Insaf Lawyer Forum (ILF) Shumail Ahmad Butt Advocate filed the petition while argued that Governor Khyber Pakhtunkhwa has dissolved provincial assembly on Chief Minister advise on 18th January 2023.
The petition stated that Governor has failed to hold election in 90 days for Khyber Pakhtunkhwa Assembly which was responsibility of Ghulam Ali while Caretaker government as well as Election Commission of Pakistan (ECP) also failed to perform their constitutional obligation.
The writ argued that Chief Justice of Pakistan (CJP) also take Sou Moto notice because Governor Khyber Pakhtunkhwa and ECP didn’t fulfilled their constitutional responsibility. The executive, state institutions and legal procedure should be performed under the constitution but Governor Ghulam Ali has failed to hold election in 90 days which has deprived people of Khyber Pakhtunkhwa from their representation, the petition added.
There is no legal ground for acts and decision of Caretaker government after completion of 90 days from dissolution of provincial assembly while Governor Khyber Pakhtunkhwa has committed high treason due to his failure for announcement of schedule for polls to provincial assembly, the writ stated.
The petition seeking to compel caretaker government for withdrawing their offices after completion 90 days and demanding to direct ECP to hold election for Khyber Pakhtunkhwa Assembly as well as to suspend power of Governor till disposal of writ petition. The petitioner seeking to direct President of Pakistan to appoint Acting Governor. President of Pakistan, Ministry of Interoir, ECP, Governor and Chief Secretary Khyber Pakhtunkhwa are respondents in the writ petition filed by ILF.