PESHAWAR: A Peshawar High Court bench on Tuesday stayed work on all development schemes launched in the province after the Election Commission of Pakistan placed a ban on such initiatives on Apr 1.

Justice Ikramullah Khan and Justice Mussarat Hilali also ordered an immediate halt to work on all ongoing schemes for which funds were released to former MNA and Pakistan Tehreek-i-Insaf leader Noor Alam Khan by the provincial government, especially for the electrification projects, including installation of transformers and electric poles in the NA-27, Peshawar-I, constituency.

The bench issued the order after the preliminary hearing into a petition filed by former MNA Asma Alamgir, who claimed that she would be a Pakistan Peoples Party candidate in that constituency and the release of funds to possible PTI candidate Noor Alam Khan was pre-poll rigging.

The bench issued notices to the respondents, including the Election Commission of Pakistan through its secretary, Khyber Pakhtunkhwa chief secretary, federal government through secretary water and power, Peshawar Electric Supply Company’s chief executive and Noor Alam Khan, asking them to file replies to the petition within a fortnight.

Also orders halt to work on Peshawar schemes for which govt released funds to PTI leader

Advocate Shahid Mehmood Khan appeared for the petitioner and contended that the PPP had awarded ticket to the petitioner for NA-27, Peshawar-I constituency, for the 2018 general elections scheduled to be held in July.

He said on Apr 11 the ECP had issued a notification placing ban on new developmental works and projects and had very sternly restrained the federal and provincial governments from allocating funds for new schemes in order to discourage pre-poll rigging and to conduct free and fair polls.

The counsel said the provincial government had allocated funds to Noor Alam for development work in the NA-27 constituency, especially for the installation of new transformers, transmission lines and electricity poles, which was a sheer violation of the ECP directions.

He pointed out that on Apr 25, the petitioner had filed a complaint before the ECP against the pre-poll rigging and for taking action against the provincial government and Noor Alam, but in vain.

The lawyer added that in continuation of the said complaint, the petitioner filed another application along with cogent and solid proof, but the ECP again turned a deaf ear to her pleas.

He said as the petitioner had no other immediate remedy available, therefore, she approached the high court.

The lawyer said the act of the provincial government was illegal and unconstitutional.

He added that funds could not be released to Noor Alam as he was neither an MPA nor an MNA.

“The release of funds to an unelected person has created serious doubts about the role of ECP and the Provincial Election Commission, KP, as they have been acting like silent spectators,” he said.

The lawyer said despite clear ban imposed by the ECP on new developmental schemes ahead of general elections, the provincial and federal governments had launched uplift schemes to increase vote bank of their candidates, which was against the rules, law and the Constitution.

When the bench asked how funds could be given to an unelected person, additional advocate general Sikandar Shah said funds weren’t issued to Noor Alam and that he only supervised work on the ongoing schemes.

The bench wondered when the ECP had banned new schemes after Apr 1, how the government could launch development schemes.

Published in Dawn, May 23rd, 2018