PESHAWAR: Issuing a written order, the Peshawar High Court (PHC) on Saturday directed the attorney general’s office to submit a written reply to the petition of Chief Minister Ali Amin Gandapur who had challenged the Election Commission of Pakistan’s decision declaring the PTI lawmakers as independents.
A two-member bench comprising Justice Ijaz Anwar and Justice Faheem Wali directed the Attorney General’s Office to submit the reply by next hearing.
The court noted that this petition would be heard jointly with other related petitions filed by the chief minister and the speaker of Khyber Pakhtunkhwa Assembly. The hearing was adjourned until August 5.
The petition by the chief minister contests the Election Commission’s move, arguing that PTI remained a valid political party with a majority in the Khyber Pakhtunkhwa Assembly, and thus its elected members cannot be declared as independents.
The petition further stated that the Election Rules required a political party to have an election symbol, but under the Election Act 2017, the presence of a symbol was not mandatory for a party’s legal status. Therefore, rules cannot override the Act, and the Election Commission lacked the authority to strip the PTI members of their party affiliation.
Additionally, the chief minister and speaker filed another petition against the oath-taking of reserved seat members at the Governor’s House, arguing that the move was unlawful and requested the court to declare the oaths void.
Gandapur’s petition also challenged the distribution of reserved seats, alleging that PTI was deprived of its rightful share despite having a majority, and that the election commission acted beyond its jurisdiction by allocating seats to other parties while ignoring the PTI.
The petition sought the restoration of PTI lawmakers’ party status and nullification of the election commission’s decision.