KARACHI: The Sindh High Court on Tuesday restrained the Election Commission of Pakistan (ECP) from holding by-elections on nine National Assembly seats scheduled to be held on March 16 by suspending the ECP notification in this regard till April 25.

Former lawmakers from the port city belonging to the Pakistan Tehreek-i-Insaf had petitioned the SHC seeking a restraining order against holding of by-elections in their constituencies.

When a two-judge bench comprising Chief Justice Ahmed Ali M. Shaikh and Justice Yousuf Ali Sayeed took up the matter for hearing, the deputy attorney general and ECP law officer sought time to file comments.

Under similar circumstances, the impugned ECP notification, issued on Jan 17, had already been suspended by the Balochistan, Islamabad and Peshawar high courts last week to the extent of the constituencies falling within their respective jurisdictions, the counsel for the petitioners argued.

SHC suspends notification regarding nine NA seats till April 25

In support of his contention, the counsel placed on record the copies of such orders.

In its order, the SHC stated, “In view of the foregoing, the impugned notification dated 17.01.2023 stands suspended till the next date to the extent of petitioners’ constituencies and the Election Commission of Pakistan is restrained from conducting any by-election(s) in relation thereto”.

On Feb 27, former PTI lawmakers Faheem Khan, Aftab Siddiqui, Ali Haider Zaidi, Saifur Rehman Khan, Attaullah, Aftab Jahangir, Najeeb Haroon, Mohammad Aslam Khan and Alamgir Khan had filed a petition in SHC impugning both notifications issued by the speaker and ECP on Jan 17 and asserted that the same were unlawful and in violation of several constitutional provisions.

Impleading the ECP, National Assembly speaker, cabinet division secretary and others as respondents, the petitioners contended that verification of resignations was a constitutional requirement and no resignation was to be effected during or before such verification.

They further asserted that the speaker’s act of accepting their resignations was a violation of law as he has to ascertain personally whether it was signed by the person resigning and whether the same was voluntary.

The petitioners had asked the SHC to declare the impugned notifications unlawful and illegal and also pleaded to stay the March 16 by-polls in their constituencies.

However, on Feb 28, the SHC bench had only issued notices on the main petition to the ECP and other respondents as well as a federal law officer for March 21.

Thereafter, the counsel for petitioners moved an application for an urgent hearing.

The petitioners submitted that the by-polls were set to be held on March 16, whereas the next hearing of their petition was fixed for March 21, therefore, they asked for urgent hearing of the matter.

Published in Dawn, March 8th, 2023