PESHAWAR: The Peshawar High Court on Friday disposed of two petitions of the Awami National Party leaders against the postponement of by-polls by the Election Commission of Pakistan following the announcement of Oct 16 as polling day.
A bench consisting of Justice Shakeel Ahmad and Justice Kamran Hayat Miankhel observed that the petitions filed by ANP provincial president Aimal Wali Khan and former federal minister Haji Ghulam Ahmad Bilour had become infructuous after the ECP announced the polling date.
The petitioner is a candidate for the NA-24 Charsadda seats whereas Haji Ghulam Bilour is contesting on NA-31, Peshawar.
Both seats had fallen vacant after the National Assembly speaker accepted the resignations of incumbents Fazal Mohammad Khan and Haji Shaukat Ali, both from the Pakistan Tehreek-i-Insaf.
Former prime minister Imran Khan has also been contesting election on both seats. The ECP had on Sept 8 ordered the postponement of by-elections to be held on Sep 25 in 13 constituencies, including NA-24 and NA-31.
Both the petitioners had requested the high court to direct the respondents, including the chief election commissioner, to hold polling in their respective constituencies, on Sept 25, as earlier scheduled by the ECP.
The petitioners are the joint candidates of the Pakistan Democratic Movement in the constituencies.
Peshawar High Court Bar Association president Rahmanullah Khan appeared for the petitioners and said that the petitioners wanted that date should be fixed for polling in their respective constituencies.
He said that on Sept 14, the ECP had held a meeting wherein it was decided that polling for the by-elections would be held on Oct 16.
Mr Rahmanullah said that when the ECP had announced the date for polling, the grievance of the petitioners had been addressed.
Both petitioners had said that the ECP had not cited any valid reason for postponing by-elections. They had contended that while all institutions, including schools, colleges and government offices, were opened and functioning properly, the postponement of by-polls was illogical.
The petitioners had said that the ECP’s move to put off elections was against the law and in violation of Article 224 of the Constitution, which declared that a general election to the National Assembly or a provincial assembly would be held within 60 days of the seat falling vacant.
Published in Dawn, September 17th, 2022