ISLAMABAD: The Islam­abad High Court on Friday upheld the Election Com­mis­sion of Pakistan’s decision to bar the son of Khyber Pakhtunkhwa Transport Minister Shah Muhammad Khan from contesting the local government elections and also sustained the ECP’s restrictions on Minister for Kashmir and Gilgit-Baltis­tan Ali Amin Gandapur.

IHC Chief Justice Athar Minallah, while disposing of the petitions of Shah Muhammad and Umer Amin Gandapur, however, set aside the ECP decision to disqualify the KP transport minister from holding public office and PTI candidate Umer Amin from contesting the election for Dera Ismail Khan city mayor.

Justice Minallah had earlier this week granted interim relief on both the petitions.

The short order on Umer Amin’s petition stated: “The petition is partially allowed to the extent of disqualification of Umer Amin Khan Gandapur from contesting the election to the office of mayor, Dera Ismail Khan. The disqualification is, therefore, set aside.” However, it said, the petition was dismissed to the extent of the order passed against Ali Amin Khan Gandapur.

On Feb 7, a three-member ECP bench, headed by Chief Election Commissioner Sikander Sultan Raja, had restrained the federal minister from attending public meetings and addressing them until the culmination of the election process in Khyber Pakhtunkhwa, warning him that strict action under the law would be taken against him in case of violation of the code of conduct.

The election for the city mayor slot was postponed in December 2021 after Awami National Party (ANP) candidate Omer Khitab Sherani had been assassinated in front of his house.

Umer Amin’s counsel Barrister Syed Ali Zafar argued that the ECP had disqualified a strong candidate of the ruling party despite the fact that the petitioner was duly abiding by the code of conduct and enabling provisions of the election laws while running his election campaign.

“In case a violation is noted, then the team is supposed to hold summary proceedings and, at best, can impose a fine upon a candidate. If the candidate repeats the same violation, then the team is required under the law to refer the matter to the ECP for initiation of action against such candidate,” the counsel contended.

The ECP had earlier this month disqualified KP minister Shah Muhammad Khan 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 had also barred the KP minister’s son Mamoon Rasheed from contesting the election till the finalisation of criminal proceedings against him in the case.

The IHC also partially allowed the petition to the extent of disqualification of the minister. “The petition is partially allowed to the extent of setting aside paragraph 25(a) of the impugned judgement, dated 01-02-2022, whereby Mr Shah Muhammad Khan was disqualified from holding the public office of Member of the Provincial Assembly of Khyber Pakhtunkhwa,” said the IHC verdict.

However, the high court upheld the disqualification of his son with an observation that “no infirmity has been found requiring interference by the Court while exercising jurisdiction under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973. The impugned judgment to the extent of sub-paragraphs (b), (c), (d) and (e) of paragraph 25 is upheld and, therefore, to this extent the petition stands dismissed,” the court order stated.

Published in Dawn, February 12th, 2022