PHC lifts stay on reserved seats in KP

PESHAWAR: The Peshawar High Court (PHC) on Thursday lifted the stay order on reserved seats in Khyber Pakhtunkhwa and directed the Election Commission of Pakistan (ECP) to decide on the distribution of reserved seats within 10 days.

The court had on Tuesday barred the oath-taking of women and minority members on reserved seats in the KP and sought replies from the Election Commission of Pakistan (ECP) and speaker of the assembly.

A two-member bench comprising Justice Syed Arshad Ali and Justice Dr Khurshid Iqbal heard the case. Sultan Muhammad Khan represented the petitioner, Pakistan Tehreek-e-Insaf Parliamentarians (PTIP), while Babar Khan Yousafzai appeared on behalf of the Awami National Party (ANP).

ECP Special Secretary Muhammad Arshad told the court that PTIP had submitted an application to the ECP, which was dismissed, after which they filed a petition with the Islamabad High Court, which is still pending.

Justice Arshad Ali remarked that the petitioner had concealed this fact from the court. The PTIP lawyer responded that a separate individual, Arbab Waseem, had filed the petition in Islamabad, and he was unaware of its details.

ANP’s counsel Babar Yousafzai told the court that his party had also filed a petition. The ECP official clarified that the ANP case was different as it involved a candidate who won in a by-election. He explained that including by-election winners in the reserved seat process would disturb the system.

The bench then advised the PTIP counsel to consult with the petitioner. After a break, when the hearing resumed, PTIP withdrew its petition, leading the court to lift the stay on the reserved seats.

The court forwarded ANP’s petition about reserved seats to the ECP and directed the commission to hear the matter and make a decision within 10 days.