PESHAWAR: Peshawar High Court on Tuesday ordered impleading of the former provincial minister and a candidate in the last year’s general elections, Taimur Saleem Khan Jhagra, as respondent in a petition challenging an inquiry by Khyber Pakhtunkhwa Anti- Corruption Establishment (ACE) into alleged irregularities during polls.

A bench consisting of Justice Sahibzada Asadullah and Justice Mohammad Ijaz Khan also extended a stay order earlier issued, directing ACE not to take any negative action against five presiding officers of respective polling stations in the last year’s general elections, who were summoned in the inquiry.

The bench, however, turned down request of another former provincial minister Kamran Bangash for inclusion as respondent in the petition.

The bench observed that petitioners were presiding officers in PK-79 Peshawar wherein Mr Jhagra was a contesting candidate, but Mr Bangash was not a contestant from that constituency.

PHC extends stay order directing ACE not to take action against five presiding officers

The bench fixed Oct 14 for next hearing of the petition jointly filed by the five presiding officers, who have challenged the inquiry and issuance of notices to them by ACE on Aug 29 for appearance.

The court had earlier directed ACE to continue with the inquiry in accordance with law, but not to take any action against the petitioners till further order. The petitioners including a lecturer at a local college, Ms Saima, and four others have requested the court to set aside and quash the impugned inquiry and the notices issued to them as the same were illegal and unconstitutional.

Advocate Ali Gohar Durrani appeared for Mr Jhagra and Mr Bangash and said that on their formal complaints ACE initiated proceedings that were challenged in the instant petition.

He argued that the petitioners deliberately omitted to implead them as parties in the present proceedings, despite the fact that the entire petition hinged upon the legality, maintainability and consequences of complaints filed by them.

He said that any order passed in the absence of complainants would seriously prejudice their rights and legitimate interest in the matter.

He added that complainants were the most competent persons to assist the court on the factual background of allegations regarding dual Form-45, fabrication of record and alleged corrupt practices.

Barrister M Yaseen Raza Khan, appearing for the petitioners, opposed Mr Jhagra’s plea arguing that he had no locus standi to become party in the case.

He stated that in the aftermath of the general elections, petitioners and others similarly placed presiding officers faced a heavy backlash from candidates, who were unsuccessful in securing highest votes in the assembly. He added that in that regard different complaints were filed against the petitioners and others before ECP under relevant provisions of Elections Act, 2017.

He said that Elections Act and rules established a comprehensive and specialised legal framework for conduct of elections, resolution of election disputes and prosecution of election-related offences.

ECP special secretary Mohammad Arshid said that the same allegations put forward by complainants were already raised in election petitions pending before election tribunals under Election Act.

Meanwhile, Mr Jhagra told journalists that on next date they would have a great opportunity to present all evidence to PHC about as to why the ACE investigation was critical and why ECP did not bother with those facts for 608 days; and why it was so keen to stop the KP government from looking into the matter.

He said that dual Form-45 carrying signatures of same presiding officers amounted to forgery, fraud, misconduct and corruption and ACE was fully competent to look into it.

Published in Dawn, October 8th, 2025