PESHAWAR: Peshawar High Court on Tuesday stopped Election Commission of Pakistan (ECP) from taking any adverse action against Khyber Pakhtunkhwa Chief Minister Ali Amin Khan Gandapur pursuance to a notice issued to him recently in relation to expenses incurred by him in the 2024 general elections.

A bench consisting of Justice Syed Arshad Ali and Justice Mohammad Faheem Wali issued notice to ECP, seeking its response within a fortnight to a petition filed by Mr Gandapur to challenge issuance of a notice to him by the commission on Sep 2.

Advocate Bashir Khan Wazir appeared for the petitioner and stated that his client contested the 2024 general elections and was elected on both seats of National Assembly and Khyber Pakhtunkhwa Assembly. He added that the petitioner retained his seat of MPA and was elected chief minister of the province.

He said that the petitioner’s name was published in the official gazette under section 124 of Elections Act, 2017, after he submitted returns of his election expenses. He argued that no objection was raised on his returns after the same was submitted.

CM challenges notice about his election expenses return

He contended that under section 136 of the said Act, ECP should scrutinise returns of expenses within 90 days from the date of submission. He added that if the commission failed to finalise scrutiny of any return of election expenses within 90 days, the return should be deemed to be scrutinised and accepted as correct.

Mr Wazir argued that ECP had no jurisdiction to open the matter or raise any objection on it after 90 days of submission of returns. He stated that the commission had issued notice to the petitioner raising certain objections on his election expenses.

To a query by the bench, an official of ECP said that according to a judgement of Supreme Court of Pakistan, ECP could proceed against a lawmaker beyond period of 90 days on grounds of corrupt practices.

The petitioner’s counsel requested the bench to stay the proceedings before ECP. However, the bench observed that it would not stay the proceedings and only directed ECP not to take any adverse action against the petitioner.

ECL: The bench issued notices to federal interior ministry and other respondents, seeking their replies to a petition of Mr Gandapur challenging ‘non-issuance’ of diplomatic passport to him and placing his name in different travel restriction lists.

Mr Gandapur has requested the court to declare as illegal the action of respondents including federal interior ministry and Federal Investigation Agency (FIA), placing his name in Black List/Passport Control List (PCL)/Exit Control List (ECL)/Provisional National Identification List (PNIL).

He also sought declaration of the court to the effect that the refusal to renew/issue diplomatic passport to him was illegal and unlawful. The bench fixed Oct 14 for next hearing.

Advocate Bashir Wazir, appearing for Mr Gandapur, requested the court to remove the petitioner’s name from the travel restriction lists as the same was in conflict with Article 15 of the Constitution of Pakistan.

When the bench inquired whether the petitioner had applied for passport, Mr Wazir said that provincial government had issued a letter to the relevant quarters for issuance of diplomatic passport, but in vain.

BAIL: A bench consisting of Justice Sahibzada Asadullah and Justice Mohammad Ijaz Khan extended protective bail to Mr Gandapur till Oct 16, directing law enforcement agencies not to arrest him in any of the cases against him.

The bench was hearing a petition filed by him, seeking details of cases registered against him by different LEAs.

The assistant attorney general, Ishaq Khalil, informed the bench that the petitioner was charged in 48 cases in Islamabad. He added that two inquires were also initiated against him by FIA.

He requested the bench to dispose of the petition as being the chief executive of the province his frequently visiting the court didn’t look nice. The bench exempted the petitioner form personal appearance directing that he should be represented by his counsel.

Published in Dawn, September 24th, 2025