Humayun Khan
PESHAWAR: A divisional bench of Peshawar High Court (PHC) comprising of Justice Ishtiaq Ibrahim and Justice Waqar Ahmad ordered Election Commission of Pakistan (ECP) for submission of reply regarding provision of Reserved Seats at both provincial assemblies of Khyber Pakhtunkhwa and Punjab as well as in National Assembly to Sunni Ittihad Council (SIC) within seven days, on Thursday.
The writ plea stated that majority of lawmakers were elected independently with the support of Pakistan Tehreek-e-Insaf (PTI) and joined SIC after the elections. The writ filed by Shah Faisal Ottomonkhel advocate on behalf of Azmat Ullah Afridi for provision of reserved seats to SIC.
Election Commission didn’t grant reserved seats for Minority and Women to SIC after PTI backed independent lawmakers which will put women’s representation at the stake, the plea stated.
The parliament (national/provincial assembly) should be completed after inclusion of reserved members (minority and women representative) as per Articles 51and 106 of the Constitution of Pakistan, the writ pleaded. Neither provincial assembly nor Senate of Pakistan session can be summoned without completion of parliament (inclusion of minority and women representatives).
It is Public Interest Litigation (PIL), depriving SIC from reserved seats will jeopardize women’s representation in the assemblies as PTI backed independent candidates elected in general elections. ECP must grant reserved seats to SIC as it is biggest party in the country especially in Khyber Pakhtunkhwa after the joining of PTI backed elected lawmakers which will ensure redressal women’s deprivation and representation, the writ pleaded.
PHC should order ECP for provision of reserved seats to SIC as per their ratio on general seats while the High Court had ordered ECP for submission of reply within seven days and adjourned further hearing. It is worthy to mention that PTI had approached PHC for provision of reserved seats but the plea was withdrawing due to technical and legal issues.
LG power curtaining case: A divisional bench of Peshawar High Court (PHC) comprising of Justice SM Attique Shah and Justice Syed Arshad Ali ordered fixation of writ plea against curtaining powers of Local Governments institution after formation new provincial government, on Thursday.
The counsel Babar Khan Yousafzai advocate argued that provincial government amended LG Act in 2022 which had curtained the powers of local government representatives with immediate effect without jurisdiction despite the petitioners were elected under LG Act 2019.
The amended in LG Act shouldn’t be implemented on sitting local government representatives and the amendments will have to be affect for new setup, the counsel argued. He requested to sit-aside 2022 amendments as the changes will be applicable for new LG members.
The counsel Babar Khan Yousafzai advocate argued that detail arguments were concluded on 15th December 2023 in this regard. However, PHC observed that the new government will submit their reply and Advocate General Khyber Pakhtunkhwa will argue the case on next date while adjourned further hearing fortnight.
