PESHAWAR: A lawyer filed a petition in the Peshawar High Court (PHC) on Saturday, seeking the declaration of the Jan 18 dissolution of the Khyber Pakhtunkhwa Assembly as illegal and requesting an order for its restoration.

Advocate Muhammad Furqan Qazi filed the petition requesting the high court to declare that the assembly was dissolved without proper advice of the then Khyber Pakhtunkhwa chief minister, as the advice rendered by him was without applying his independent mind due to coercion.

The petitioner also asked the court to instruct the respondents, including the Election Commission of Pakistan, to issue a notification for the restoration of the provincial assembly and the formation of a government by electing the chief minister from a party that has the majority.

He further requested that the MPAs be allowed to change their political party if they desire to do so, and to continue representing their constituency without fear or coercion.

The petition, filed through senior lawyer Saifullah Muhib Kakakhel, includes the Election Commission of Pakistan, the federal government and the KP government as respondents.

The petitioner stated that the KP assembly was dissolved by the governor on the advice of the chief minister, as per Article 112 of the Constitution, without following the codal formalities. Additionally, it was alleged that this decision was made under the directives of PTI chief Imran Khan, indicating that the chief minister did not exercise his independent mind.

Published in Dawn, May 21st, 2023