Petition for withholding presidential election dismissed

September 04,2018

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PESHAWAR: The Peshawar High Court (PHC) on Monday dismissed a writ petition filed for restraining the Election Commission of Pakistan from holding presidential election to be held today as the petitioner claimed that the elections cannot be held since the term of the office of president completed.

Shahid Orakzai, while filing the petition, claimed that since the tenure of the incumbent president lasts until September 8 while the election for the next president has been scheduled for September 4 which he claimed was against the Constitution.

A two-member bench comprising Justice Ikramullah Khan and Justice Ishtiaq Ibrahim dismissed the writ petition after hearing arguments by the petitioner, advocate general Khyber Pakhtunkhwa and legal advisor of the Election Commission of Pakistan.

The petitioner requested the PHC to stop the presidential election as Article 41 of the Constitution does not allow elections in the last the 30 days of the incumbent’s term. Legal advisor to the Election Commission of Pakistan submitted that no illegality had been made by ECP in holding the election.

Abdul Latif Yousafzai, Advocate General Khyber Pakhtunkhwa, argued before the bench that first, the petitioner has no locus standi or not an aggrieved person to challenge the presidential election. He submitted that none of the members of the Parliament or candidate filed any objection over holding of the election on September 4.


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