PESHAWAR: Peshawar High Court on Tuesday stopped Election Commission of Pakistan (ECP) from proceeding further on its notification of disqualifying and de-notifying former federal minister and leader of Pakistan Tehreek-i-Insaf Zartaj Gul as an MNA and declaring her seat vacant.
A bench consisting of Justice Wiqar Ahmad and Justice Mohammad Ijaz Khan issued notice to ECP, seeking its comments within a fortnight in a petition filed by Zartaj Gul, challenging the Aug 5 notification of the commission through which she along and several other lawmakers were disqualified and de-notified after their convictions by an anti-terrorism court in Faisalabad on July 31.
The bench also decided to club the petition with that of former leaders of opposition in National Assembly and Senate, Omar Ayub Khan and Shibli Faraz, respectively, who have already challenged their disqualification through the said notification of Aug 5.
ECP, after disqualifying the petitioner, issued another notification on Aug 20, announcing schedule of by-elections on her vacant seat of NA-145, Dera Ghazi Khan-II. According to that schedule, the returning officer has to issue public notice on Aug 26 (Tuesday) whereas polling will be held on Oct 5.
PHC decides to club Zartaj Gul’s plea with identical petitions
Advocates Syed Sikander Hayat Shah and Mian Mohammad Hussain appeared for the petitioner and pointed out that in identical matter of Omar Ayub Khan and Shibli Faraz, the high court had on Aug 6 restrained ECP from undertaking any further process pursuant to the impugned notification of Aug 5.
They said that as the high court already entertained similar petitions against disqualification of other persons, therefore, the petitioner in the instant petition also deserved similar treatment.
The bench inquired as to why the petitioner had not approached Lahore High Court to redress her grievance. The lawyers said that the same question of law was involved as that of other identical petitions.
The bench observed that the question of jurisdiction of that court would be decided at the final outcome of the proceedings.
The petitioner’ lawyers stated that Zartaj Gul was among several PTI members charged under multiple laws, including Pakistan Penal Code, Anti-Terrorism Act, Arms Ordinance, Punjab Maintenance of Public Order Ordinance, Official Secrets Act and Army Act.
The charges stemmed from an FIR registered at 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 petitioner was convicted by ATC in her absence.
They stated that following her conviction, ECP had taken suo motu notice and issued the Aug 5 notification, disqualifying the petitioner and other leaders of PTI.
They contended that in an earlier judgement in ‘Azhar Siddique versus Federation of Pakistan’ case of 2012, Supreme Court had declared that ECP had no jurisdiction in the matter to act without a reference from National Assembly speaker, as required under Article 63 of the Constitution.
They argued that ECP had misinterpreted the said judgement of Supreme Court and issued the impugned order of disqualifying the petitioner.
It merits a mention that apart from the Aug 5 order, both Omar Ayub and Shibli Faraz have also challenged the notifications issued by National Assembly and Senate secretariats, respectively, declaring the office of the leader of the opposition in both the houses vacant due to their disqualification.
The high court has already stopped National Assembly speaker and Senate chairman for proceeding further on their respective notifications.
Published in Dawn, August 27th, 2025
