PESHAWAR, Nov 13: A two-member bench of the Peshawar High Court on Wednesday put off hearing of three writ petitions challenging the elections of three MNAs from the Federally Administered Tribal Areas (Fata).

A member of the bench, Justice Khalida Rachied, observed that as she was already a member of an election tribunal, which would hear same election disputes challenged through election petitions, it would be appropriate to fix these cases before another bench.

The petitioners — Saeed Afridi, Malik Ajmal and Shokatullah — have challenged the elections of Maulana Khalilur Rehman, Naik Zaman Haqqani and Maulana Mohammad Sadiq on different grounds.

The petitioners have prayed the high court to stay the taking of oath by the three MNAs as they were “not qualified to contest polls under the Conduct of the General Elections Order, 2002.” They requested the court to stay their taking of oath till the disposal of the election petitions filed by them before the Election Commission of Pakistan.

The bench inquired from the petitioners’ counsel why they had filed writ petitions before the high court when they had already challenged the same issue through election petitions before the election tribunals.

Justice Rachied asked the petitioners that when she was also a member of the election tribunal and would decide the same issue there how could she decide the matter in a writ petition.

The petitioners’ counsel claimed that the grounds given in the election petitions were different than the one given in the writ petition.

The counsel claimed that although the Political Parties Order 2002 was not extended to Fata, despite that these MNAs contested on the symbol of the Muttahida Majlis-i-Amal. Later on, he added, when the government issued a notification that the law was not applicable to Fata these MNAs gave an affidavit that they were independent candidates.

The bench decided to adjourn the hearing so that the case could be fixed before another bench.