PESHAWAR: Peshawar High Court on Thursday decided to constitute a larger bench for hearing plea of former MNA Abdul Latif, who had challenged his disqualification by Election Commission of Pakistan (ECP) and declaring his seat vacant.

A bench consisting of Justice Syed Arshad Ali and Justice Wiqar Ahmad referred Mr Latif’s petition to the chief justice of high court for constituting a larger bench to hear it. The bench also extended a stay order it issued earlier on Oct 15 whereby ECP was restrained from undertaking the process of by-election in the constituency, NA-1Chitral.

Mr Latif challenged his disqualification by ECP after his conviction by an anti-terrorism court in Islamabad and subsequent notification of declaring his seat vacant by de-notifying him as an MNA on July 29, 2025.

Earlier, the petition was adjourned on Oct 1 for indefinite period by the court on the ground that he had not surrendered to law after his conviction by ATC in Islamabad on May 30, 2025.

The court had decided on Oct 1 to adjourn sine die (for indefinite period) five petitions filed by former leaders of opposition in National Assembly and Senate, Omar Ayub Khan and Shibli Faraz, respectively, and Mr Latif, asking them to surrender before the relevant court following which they could approach PHC for revival of their petitions.

Bench extends stay order against holding of by-polls in Chitral

All the three had challenged their disqualifications by ECP after their conviction by anti-terrorism courts and de-notifying them as MNAs and senator. Mr Latif’s disqualification by ECP stemmed from his conviction in a case pertaining to May 9, 2023, protests in Islamabad.

Advocate Mohammad Muazzam Butt appeared for Mr Latif and stated that following the earlier order of high court, his client surrendered before the relevant court and was sent to prison. He said that the petitioner also field appeal against his conviction in Islamabad High Court.

The additional attorney general, Sanaullah, argued that under the Constitution of Pakistan, by-election on a vacant seat should be conducted within 60 days of occurrence of the vacancy.

Justice Arshad wondered as to what would happen if after few days the petitioner’s conviction was set aside and his appeal was allowed. The AAG contended that the Constitution provided that seat of a lawmaker should be vacant in case of his conviction and by-election should be conducted to fill the same.

The bench observed that it had to look into the question as to what would happen in case of pendency of an appeal of a convict as the Constitution was silent on that point.

The additional director general (law) of ECP, Khurram Shehzad, also requested for vacating the stay order arguing that under the Constitution a house of parliament couldn’t be left incomplete.

The bench observed that it was aware of that fact but had to clear the question as to what should be done if appeal of an MNA against his conviction was pending.

A lawyer from Chitral, Muhibullah Tirchvi, also turned up and stated that he belonged to the said constituency, which had been affected due to vacancy there.

He said that if by-polls were delayed it would affect the inhabitants of the constituency as the snowfall season would start and electioneering would then be difficult there.

The bench observed that being an important matter it was going to refer it to the PHC chief justice for constituting larger bench for its hearing.

Published in Dawn, October 24th, 2025