Holding of polls within 90 days in KP: PTI approaches PHC

Humayun Khan
PESHAWAR: Speaker Khyber Pakhtunkhwa Assembly Mushtaq Ahmad Ghani approached Peshawar High Court (PHC) for announcement of General Election to the provincial assembly within 90 days, following Supreme Court of Pakistan judgement for holding election into Punjab assembly because both provincial assemblies were prematurely dissolved by Pakistan Tehreek-e-Insaf in January 2023.
Barrister Gohar Khan filed writ petition on behalf of Mushtaq Ghani and Asad Umar along with PTI as a party in which Election Commission of Pakistan (ECP), Federation of Pakistan through secretaries, Finance, Interior, Law, Justice& Parliamentary Affairs, President of Pakistan Governor and Chief Secretary Khyber Pakhtunkhwa made respondents.
The petitioners are aggrieved of and dissatisfied with actions and omissions as well as unlawful exercise of power by the Respondents including Governor Khyber Pakhtunkhwa wrote letter to ECP dated 24th March 2023 deciding election date for general election to KP Assembly 8th October 2023 while the election commission immediately consented and notified polls date on 27th March 2023.
The petition argued that aforesaid impugned letters and notification are not tenable in law and liable to be set aside by honorable court and fresh date not later than 90 days of dissolution of Assembly or the barest minimum of that timeframe to be announced for holding general election to Khyber Pakhtunkhwa Assembly.
The applicants stated that Governor Khyber Pakhtunkhwa has not appointed the date as mandate by the Constitution and as inter alia directed by SCP vide its order dated; 1st March 2023 and added that impugned letter dated; 24 March 2023 is therefore without lawful authority and of no legal effect.
Likewise, ECP has no jurisdiction or power to amend the Constitution and decide to hold elections to Khyber Pakhtunkhwa Assembly or to any other assembly beyond the period of 90 days as mandated by the Constitution. ECP’s impugned notification dated; 27th March 2023 notifying Election Date for KP Assembly as 08th October 2023is unlawful, illegal and without lawful authority.
The reason given by ECP or Governor Khyber Pakhtunkhwa having conceded those reasons that the finances are not available or that law and order situation in the country is not conducive to hold the elections, with respect, legally flawed and a disingenuous excuse to delay the election because such reason is not recognized in the Constitution for delaying the elections.
The petition seeking to set aside the impugned letter dated; 24 March 2023 and impugned notification of 27th March 2023 as illegal, unlawful and without lawful authority. It is requested to hold and declare the General Election to Khyber Pakhtunkhwa Assembly is to be held not later than 90 days of the dissolution of Assembly, subject to the barest minimum to that timeframe in circumstances of this case.
The petition further argued to direct Governor Khyber Pakhtunkhwa or in the alternative the President of Pakistan to announce Election Date within framework. Direct ECP to hold general election for Khyber Pakhtunkhwa Assembly not later than 90 days subject, however, to the barest minimum in that timeframe and requested for any other appropriate relief in this regard.