SC issues notices in KP Assembly seat dispute

ISLAMABAD: The Supreme Court on Monday issued notices to the election commission, attorney general, and a successful candidate elected to a reserved seat for women in the Khyber Pakhtunkhwa Assembly.

A three-member bench of the apex court, headed by Justice Aminuddin Khan and comprising Justice Muhammad Ali Mazhar and Justice Syed Hassan Rizvi, heard the petition of the Jamiat Ulema Islam Pakistan challenging the election of Khyber Pakhtunkhwa Assembly member Sadaf Ehsan on a reserved seat for women.

The JUI-Pakistan had filed a petition through Advocate Kamran Murtaza under Article 185(3) of the Constitution, seeking leave to appeal against the Peshawar High Court’s decision of April 2, 2024, regarding the election of Sadaf Ehsan, a member of the provincial assembly elected on a reserved seat.

The petition contended that Sadaf Ehsan’s name was not on the priority list submitted by the party, adding that, Sadaf Yasmin’s name was on the priority list submitted by the JUI to the election commission for seats reserved for women, but Sadaf Yasmin did not show interest in contesting the election.

During the hearing, Kamran Murtaza, counsel for the JUI-Pakistan, submitted that Sadaf Yasmin was the JUI’s candidate for the reserved seat for women, but the election commission issued a notification to Sadaf Ehsan on the order of the Peshawar High Court, even though Sadaf Yasmin was included in the priority list provided to the election commission.

Justice Muhammad Ali Mazhar questioned how the court could hear arguments on the instant matter without issuing notices to the election commission and the attorney general. Kamran Murtaza contended that a stranger was sitting in the house on the seat, adding that the party had not proposed the name of Sadaf Ehsan.

Justice Mohammad Ali Mazhar observed that the name of Sadaf Ehsan was on the list of nomination papers in the election commission.

Justice Mohammad Ali Mazhar observed that detailed reasons for the high court’s decision in this matter had not yet come, while notices to the election commission and the attorney general had not been issued. Later, the court issued notices to the Election Commission of Pakistan (ECP), the Attorney General, and Sadaf Ehsan and adjourned the hearing for two weeks.