• Restrains NA speaker and Senate chairman from proceeding on impugned notifications
• Notices issued to ECP over disqualification of Omar Ayub, Shibli Faraz on Aug 5 following ATC convictions
• Petitioners argue commission acted without jurisdiction under Article 63; cite 2012 apex court ruling
PESHAWAR: The Peshawar High Court (PHC) on Tuesday restrained the National Assembly speaker and the Senate chairman from proceeding further on their respective notifications declaring the offices of the leader of the opposition in both houses vacant, following the disqualification of the incumbents by the Election Commission of Pakistan (ECP).
A bench comprising Justice Syed Arshad Ali and Justice Dr Khurshid Iqbal also issued notices to the ECP, seeking its response to two separate petitions field by Omar Ayub Khan and Shibli Faraz. The petitions challenged their disqualification and de-notification as member of the National Assembly (MNA) and a senator, respectively, by the commission on Aug 5, following their convictions by an anti-terrorism court (ATC) in Faisalabad on July 31.
The bench fixed Aug 20 for the next hearing of the petitions.
Omar Ayub and Shibli Faraz have also challenged the Aug 7 and Aug 8 notifications issued by the National Assembly and Senate secretariats, respectively, declaring the offices of the leaders of the opposition vacant with effect from Aug 5.
The petitioners expressed apprehension that, despite their party’s numerical majority, the respondents might facilitate the appointment of a new opposition leader without the mandate of the opposition benches in either house.
The bench directed that till the next hearing the respondents, including the ECP, NA speaker and the Senate chairman should not proceed further pursuant to the two impugned notifications.
Pakistan Tehreek-i-Insaf Chairman Gohar Ali Khan and Bashir Khan Wazir appeared for the petitioners, stating that both the petitioners were serving as leaders of the opposition in both the houses of the parliament.
They further stated that the two leaders were among several PTI members charged under multiple laws, including the Pakistan Penal Code, Anti-Terrorism Act, Arms Ordinance, Punjab Maintenance of Public Order Ordinance, Official Secrets Act and the Army Act.
The charges stemmed from an FIR registered at the Civil Lines Police Station in Faisalabad on May 9, 2023, when violent protests erupted across the country following the arrest of former prime minister Imran Khan.
They said that the petitioners were convicted by the ATC in their absence.
Following these convictions, they said, the ECP had taken suo motu notice and issued the Aug 5 notification disqualifying the petitioners.
The lawyers referred to an earlier judgment of the Supreme Court of 2012, arguing that the ECP had no jurisdiction in the matter to act without a reference from the NA speaker or the Senate chairman, as required under Article 63 of the Constitution.
They contended that the ECP had misinterpreted the said SC judgement and issued the impugned order of disqualifying the petitioners.
They pointed out that the high court had, on Aug 6, directed the ECP not to proceed further pursuant to the Aug 5 notification.
The counsels, however, stated that the NA and Senate secretariats, acting on Aug 5 notification, had issued their two impugned notifications on Aug 7 and 8, respectively, declaring the office of the leader of the opposition in both the houses vacant.
The bench observed that the key question for adjudication before this court was whether the ECP had the jurisdiction to decide the disqualification of the petitioners without a reference from the NA speaker or the Senate chairman, as mandated by Article 63 of the Constitution.
Published in Dawn, August 13th, 2025
