PESHAWAR: Peshawar High Court on Tuesday rejected the petition of former Khyber Pakhtunkhwa chief minister and Pakistan Tehreek-i-Insaf leader Ali Amin Gandapur against a notice of the Election Commission of Pakistan (ECP) seeking information regarding some of his properties.
A bench consisting of Justice Syed Arshad Ali and Justice Mohammad Faheem Wali, which had reserved its verdict on the petition in Nov last year, pronounced a short order of turning down the plea, observing that no adverse action has so far been taken against the former chief minister.
It, however, accepted the plea of provincial housing minister Amjid Ali, who had challenged the ECP notice issued to him and the subsequent actions taken in connection with his assets, including the sending of a reference to the speaker of the provincial assembly for his disqualification Mr Gandapur had requested the court to declare the impugned notice issued to him by ECP on Nov 20, 2024, as illegal, unconstitutional and against provisions of Elections Act, 2017.
In the impugned notice issued to Mr Gandapur, ECP had asked him to provide clarification within 15 days about a land measuring 735 kanals and 12 marlas, which he had declared sold in his statements of assets and liabilities submitted by him to the commission for the year ending on June 30, 2024.
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He was asked to share the ownership documents and sale deed of the said land with the commission.
Mr Gandapur had also sought declaration of the court that the impugned notice was issued in a mala fide manner and was based on political victimisation.
His counsel said that the former chief minister had submitted a statement of his assets and liabilities with the commission.
He said that after many months of submission of the said statement, he was asked by ECP to share the ownership documents and sale deed of the land, which the petitioner had shown as sold out.
The lawyer said that before elections, the petitioner furnished all details of his assets, which were microscopically scrutinised by the election watchdog through its nominated returning officer.
He argued that ECP had reopened the issue of the statement of assets and liabilities, which was based on mala fide intent and tainted with political malice, and had no legal backing.
ECP lawyer Sikandar Bashir Mohmand argued that the notice was issued to Mr Gandapur under Section 137(4) of Elections Act, under which if a statement of assets and liabilities was found to be false then the member could be proceeded against for committing corrupt practices.
He said that the said offence carried a sentence of up to three years imprisonment with fine of Rs100,000. He said while the counsel argued on point of disqualification, the said provision didn’t deal with it.
The lawyer argued that the petitioner had approached the court prematurely as ECP had yet to start any proceedings for his disqualification.
He said that there was possibility that ECP would have closed the case after hearing the explanation of the petitioner, but he (petitioner) instead of submitting a reply there approached the high court and got interim relief of stopping ECP from proceeding further in the matter.
Meanwhile, senior lawyer Shumail Ahmad Butt appeared for Mr Amjid and said that the impugned notice was issued to his client by ECP wherein it was claimed that in the 2018 general elections he had declared ownership of 200 kanals of land before the relevant returning officer, but the same property had not been mentioned in the 2024 polls.
He said that one of his rival candidates, Azizullah Garan, had filed an application with ECP against the petitioner regarding the said disputed property.
The lawyer said the disputed property carried a stamp of the year 2017, but the petitioner was not aware about any such property or as to who had submitted documents regarding the same.
He argued that Swat deputy commissioner and tehsildar of Barikot tehsil had also expressed ignorance about the said property and had also recorded their statements with ECP in that regard.
Mr Butt pointed out that earlier, the high court granted interim relief to the petitioner and directed ECP not to take any adverse action against him, but still the commission had sent a reference to the KP Assembly speaker for initiating proceedings for his disqualification.
He argued that no evidence had so far been provided that the property in question belonged to the petitioner.
The lawyer added that the speaker had also returned the reference to the commission, pointing out that a case can’t be filed for the disqualification of the petitioner.
Published in Dawn, January 21st, 2026