PESHAWAR: The Peshawar High Court on Tuesday adjourned the hearing of petition filed by the Pakistan Tehreek-e-Insaf (PTI) for claiming its share in the seats reserved for women and non-Muslims in the national and provincial assemblies.
The two-member bench comprising Justice Ishtiaq Ibrahim and Justice S M Atiq Shah heard the petition while Shah Faisal Uthmankhel advocate represented the PTI.
The counsel informed the court that the elected PTI candidates had joined a political party and the petitioner’s party had not given him any instructions after yesterday’s new development in this regard.
He pleaded that senior lawyer Qazi Muhammad Anwar was also in Islamabad, requesting that the case should be fixed for hearing today.
However, Justice Ishtiaq Ibrahim turned down the request, saying that it cannot happen as there were other cases for them to be heard.
Justice S M Atiq Shah said that Tuesday had been fixed for hearing on the petitioner’s requested but now he was not present in the court.
He said that the petition was being sent to the additional registrar and a fresh request should be made if needed to be heard it.
The PTI had on Monday moved the PHC to claim its share in the seats reserved for women and non-Muslims in the national and provincial assemblies.
PTI leader Mashal Yousafzai had filed the writ petition through her lawyer Qazi Mohammad Anwar.
The Election Commission of Pakistan (ECP) was made a respondent in the case.
The petitioner had requested the court to declare null and void the interpretation of the Election Rules 2017 (4) 94 about the political party as it deprived the PTI of its share in the seats reserved for women and non-Muslims in the national and provincial assemblies.
The petition argued that the PTI was registered under the Election Act 2002. It said that under Section 208 of the Election Act 2017, every political party was supposed to elect its office-bearers at the national, provincial, and grassroots levels.
The petition said the ECP had directed the PTI on November 23, 2023, to hold its intra-party elections within 20 days.
The PTI held its intra-party elections on December 2 last year, electing Barrister Gohar Ali Khan as its Chairman and Omar Ayub as General Secretary, the petition said, adding the ECP did not publish the certificate about the PTI’s intra-party elections on its website.
It said the PTI had moved the PHC against the ECP wherein the court had suspended the decision of the election watchdog, however, the Supreme Court later on ECP’s appeal overturned the ruling of the high court, depriving the PTI of its electoral symbol.
The writ said that before the decision of the Supreme Court, the PTI had submitted its priority lists with the ECP containing the names of its candidates for the reserved seats and the women had even submitted nomination papers to the election commission.
Despite challenges, the PTI scored a victory in the recently held general election, the petition said, arguing that despite losing its electoral symbol, the PTI was still registered with the ECP as the party was not banned.
It said that the Supreme Court and not the ECP was mandated to delist a political party.
The PTI had requested the court to declare null and void the interpretation of the Elections Rules 2017 (4)94 and allow the PTI to claim its share of the reserved seats.
