Humayun Khan
PESHAWAR: A divisional bench of Peshawar High Court (PHC) comprising of Justice Ijaz Anwar and Justice Shakeel Ahmad ordered Election Commission of Pakistan (ECP), caretaker provincial government, federal government and Governor to submit reply for holding election within 90 days for Khyber Pakhtunkhwa Assembly till 19th April, on Thursday.
Speaker Khyber Pakhtunkhwa Assembly Mushtaq Ghani appeared personally before PHC while counsel Barrister Gohar Khan didn’t appeared due to Lawyer’s strike across Pakistan against composition of controversial Larger Bench by Supreme Court of Pakistan regarding SC Practice and Procedure Bill.
The writ stated that 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.
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 while PHC has ordered respondents to submit reply till 19th April and adjourned further hearing.
Lawyer’s observed strike against SCP’s controversial larger bench: The legal fraternity observed strike from court proceedings nationwide on the call of Pakistan Bar Council (PBC) against composition of controversial larger bench by Chief Justice of Pakistan to hear Supreme Court Practice and Procedure Bill recently passed by joint session of parliament, on Thursday.
PBC has announced strike following consultation with vice chairmen Khyber Pakhtunkhwa, Balochistan, Punjab and Sindh bar councils against constitution of controversial larger bench. PBC argued legal fraternity to observe strike for upholding free, fair and transparent proceeding at Supreme Court of Pakistan (SCP).
Khyber Pakhtunkhwa Bar council and Bar Association members including Arshad Iqbal Khattak, Haroon Inayat, Sadiq Afridi, Hammad Akbar Khan, Shams, Umair Khan and Khalid Khan advocates along with other argued that transparency of all court especially SCP is need of hour to establish Rule of Law. They argued that constitution of larger bench against SC practice and procedure bill is controversial because senior most judges have been ignored.
The applicants and petitioner returned hopeless due to lawyer’s strike from court proceeding and blamed that their energies were exhausted without any veil and norm. They argued that strikes and protests not only impacting civilians but great impact lying on prisoners behind bars.
PHC orders ECP, Governor to submit reply
