PESHAWAR, March 21: The Peshawar High Court on Tuesday sought comments from central and provincial election commissioners on a writ petition challenging the recent Senate polls in the NWFP. A two-member bench comprising Justice Ijazul Hassan and Justice Raza Muhammad Khan directed that the comments should be filed in a week.

The bench had taken up for preliminary hearing a writ petition filed by a Pakistan Muslim League (N) MPA, Malik Imran, who sought re-election in the NWFP. He requested the court that he should be allowed to cast vote as the returning officer had denied him that right in an arbitrary manner.

The petitioner was elected to the provincial assembly from the PF-75 (Lakki Marwat) constituency. On Oct 18, 2005, the Peshawar High Court accepted a writ petition filed by a voter, Naqeebullah Khan, disqualifying Malik Imran from holding his seat.

Malik Imran was accused of possessing a Karachi University degree that had been acquired after tampering with documents.

On March 6, the day when Senate polls were held, the Supreme Court suspended the high court’s order. However, when Malik Imran reached the NWFP Assembly he was not allowed to cast vote by the returning officer.

Advocate Syed Iftikhar Hussain Gillani argued that the petitioner did not possess the apex court’s order but once it came to the knowledge of the election authorities that he had been reinstated as an MPA they could not have stopped him from casting the vote.

The lawyer argued that with the vote of the petitioner the situation would change as some of the winning candidates would lose whereas some losing candidates on general seats and the seats reserved for women would win.