ISLAMABAD: The Islamabad High Court (IHC) on Wednesday suspended the Election Commission of Pakistan’s (ECP) decision to disqualify Khyber Pakhtunkhwa Transport Minister Shah Muhammad Khan and temporarily restored his portfolio.

The ECP disqualified Mr Khan earlier this month from holding any public office for five years due to his involvement in attacks on polling stations, kidnapping polling staff and snatching election material in his native Bakakhel area of Bannu district on the eve of the first phase of KP local government elections held on Dec 19.

In a 21-page judgement, a two-member ECP bench consisting of Nisar Ahmad Durrani and Shah Mohammad Jatoi also barred Mr Khan’s son, Mamoon Rasheed, from contesting elections until the finalisation of criminal proceedings against him in the case.

Following the verdict, the ECP also issued a notification disqualifying Mr Khan from holding any public office for five years and consequently de-notifying him as an MPA from PK-89 (Bannu-III). The commission withdrew its earlier notification of 2018 through which Shah Muhammad was declared as a returned candidate after the 2018 general elections.

Shah was barred from holding office for involvement in attacks on polling stations

Mr Khan and his son later challenged the ECP’s decision before the high court, where IHC Chief Justice Athar Minallah took up the petition.

The counsel for the petitioners namely Ahsan Bhoon, Mohammad Ramzan Chaudhry and Chaudhry Mohammad Ashraf Gujjar appeared before the court.

They argued that Mr Rasheed was running for the office of Bakkakhel’s tehsil chairman and had been barred from contesting the election.

The court was informed that while the ECP constituted a committee to ascertain the facts, its decision of disqualifying both petitioners was contradictory to the findings.

Referring to the Elections Act of 2017, the petition stated that the ECP had no power to debar a contesting candidate.

Justice Minallah noted that the allegations levelled by the ECP against the petitioners were of a “serious nature”.

However, the counsel pointed out that the disqualification of a provincial minister was outside ECP’s jurisdiction and in violation of a recent judgement of the Supreme Court.

After hearing the arguments, Justice Minallah suspended the order to the extent of Mr Khan and adjourned the hearing until Feb 11.

Published in Dawn, February 10th, 2022