SHC suspends ECP notification of PTI MNAs’ resignations, by-polls in Karachi

The Sindh High Court (SHC) on Tuesday suspended the Election Commission of Pakistan’s (ECP) notification of nine Pakistan Tehreek-e-Insaf (PTI) MNAs’ resignations and holding by-elections for nine National Assembly constituencies in Karachi until further orders.

The interim order came on a stay application filed by former PTI MNAs from Karachi against the acceptance of their resignations by the NA speaker and the holding of by-polls on the vacant seats.

Filing applications for urgent hearing and staying the by-elections scheduled for March 16, Faheem Khan and the other eight PTI MNAs said the by-polls were to be held on March 16 but the main petition’s hearing was fixed for March 21.

Their lawyer said that the purpose of filing the petition will become pointless if an interim stay order is not granted in the interest of justice.

He said the Supreme Court during the hearing of an identical case had already advised PTI lawmakers to return to the NA. He requested the court to suspend the ECP notification of the petitioners’ denotification.

He said the ECP’s impugned notification had been suspended by the Balochistan and Islamabad high courts to the extent of the constituencies falling within their respective purviews. He sought a restraining order in respect of the said constituencies. The federal law officer and the ECP’s counsel sought time to file comments on the applications.

After hearing the counsel’s arguments, an SHC division bench comprising Chief Justice Ahmed Ali M Sheikh and Justice Yousuf Ali Sayeed suspended the impugned notification until the next hearing to the extent of the petitioners’ constituencies. The court also restrained the ECP from holding by-polls for the nine NA constituencies in Karachi.

PTI MNAs had said in their petition that the notification of holding by-polls on March 16 should be set aside and their seats restored because there was illegality in the acceptance of their resignations.