PESHAWAR, July 27: Agreements reached among political and religious parties in some NWFP districts to keep women out of local elections are against rulings given by the Peshawar High Court last year, said legal circles.

The Peshawar High Court in four identical writ petitions had declared last year that barring women from political process was illegal and criminal and against the fundamental rights enshrined in the constitution.

Although the high court had dismissed the petitions on March 17, 2004, on technical grounds, it had clearly pronounced the practice as unconstitutional.

The petitions were filed by Ms Bukht Zarina, Ms Mashooq Zari, Ms Jamala, Ms Nehat, Ms Masooda and others against disenfranchisement of women in different districts of the NWFP during the local government elections of 2001. Supreme Court Bar Association president Qazi Mohammed Jamil had represented the petitioners.

This year too major political parties have entered into agreements in Lower Dir and Battagram districts to keep women out of local body elections. During last elections all 120 seats reserved for women in Battagram district remained vacant, whereas in Lower Dir 196 out of 204 seats could not be filled due to such agreements.

Some lawyers said in the light of the PHC judgment, the Election Commission should take immediate steps and declare elections null and void in those districts where such accords have been reached.

The high court’s bench comprising Justice Shahjehan Khan Yousafzai and Justice Ijaz Afzal had ruled that every citizen who was registered as a voter regardless of gender had a right to exercise his or her vote.

The court had observed that all such means and devices were repugnant to the fundamental rights enshrined in the constitution, and were void, illegal and even criminal.

The bench had observed: “There was no cavil with the preposition that every citizen of the country has a right to form or be a member of political party as enshrined in Article 17(2) of the constitution, which included the right to contest and participate in election.

There is also no cavil with the preposition that every citizen who is registered as a voter regardless altogether of gender has a right to exercise his or her vote.

“There is also no cavil with the proposition that this right being inherent in every registered voter can be exercised by him or her alone and thus cannot be forgone and forsaken by an agreement entered into by any person how high-so-ever he may be, therefore no means or devices including threats of dire consequences or agreements amongst the candidates for election to an office can curb, curtail or fetter it.”

The court had further observed that employment of such means by any person irrespective of his status in the society would not only be void and illegal but also criminal and the person found guilty could well be punished under the law.

CEC TO VISIT DIR: Acting Chief Election Commissioner (CEC) Justice Abdul Hameed Dogar will visit the Lower Dir district on July 30 where political groups have imposed a ban on women’s participation in the local body elections.