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Monday April 29, 2024

Postponement of Senate polls in KP: ECP put on notice in contempt of court petition

The bench issued a notice to the ECP for linking the administration of oath to the holding of Senate election

By Amjad Safi
April 03, 2024
Security personnel stand guard at the headquarters of the Election Commission of Pakistan in Islamabad on September 21, 2023. — AFP
Security personnel stand guard at the headquarters of the Election Commission of Pakistan in Islamabad on September 21, 2023. — AFP

PESHAWAR: The Peshawar High Court (PHC) on Tuesday issued notices to the Election Commission of Pakistan (ECP) and other respondents on a petition filed against the postponement of Senate election in Khyber Pakhtunkhwa.

The petition also sought action against the ECP for linking the holding of Senate election to the administration of oath to MPAs elected on the reserved seats.

The MPAs, who were elected on the reserved seats, filed the contempt of court petition in the high court seeking the disqualification of speaker and deputy speaker of the Khyber Pakhtunkhwa Assembly for failing to administer oath to them.

A two-member bench comprising Justice SM Attique Shah and Justice Syed Arshad Ali heard the petition. Justice SM Attique Shah remarked that all the lawmakers elected on the reserved seats across the country were sworn in except Khyber Pakhtunkhwa where the MPAs could not be administered oath.

Ali Zaman Advocate appearing for the petitioner told the court that the Senate elections were being held in the country today. He said the ECP postponed the Senate election in KP on the plea that the PHC had directed the KP Assembly speaker to administer oath to lawmakers on reserved seats and facilitate them to cast their votes.

He said that postponing the Senate election in the province was unconstitutional. Ali Zaman said that PTI leader Azam Khan Swati also took the plea in his writ petition that the ECP had misinterpreted the PHC order to the KP Assembly speaker regarding the administration of oath to the reserved seat MPAs. He requested the court to order the holding of Senate election in the province. The bench issued a notice to the ECP for linking the administration of oath to the holding of Senate election. The bench also postponed hearing into the KP Assembly speaker’s review petition until the detailed judgment of the contempt of court petition.