PESHAWAR, March 17: The Peshawar High Court on Wednesday dismissed four identical writ petitions filed against barring women from casting votes in the local bodies elections held in 2001.
A two-member bench, comprising Justice Shahjehan Khan and Justice Ijaz Afzal, pronounced a short order whereby the petitions were declared dismissed. The petitions were filed by women voters namely Ms Bukht Zarina, Ms Jamala, Ms Masooda and Ms Nahat Begum. They had challenged the disenfranchisement of women in their respective union councils of different districts including Swabi, Mardan and Peshawar.
The petitioners had requested the High Court to declare the polls in those union councils null and void where women were stopped from casting votes. Women's rights groups which were pursuing the petitions stated that they would decide whether to file an appeal in the Supreme Court after going through the detailed judgment.
The bench reserved its judgment over these petitions on March 10, after completion of arguments by the parties concerned. Representing the petitioners, former attorney-general Qazi Muhammad Jamil and Barrister Masood Kausar contended that disenfranchising women during the local government polls was violation of their fundamental rights guaranteed in the Constitution and judgments of the superior courts.
They had requested the court to announce a landmark judgment by accepting these petitions as the judgment would also affect the forthcoming local bodies by-elections as in a number of districts, political parties and candidates had once again signed agreements for banning women from contesting and participating in the polls.
The counsel contended that contracts between political parties and candidates had no legal effect as these contracts were illegal and against the fundamental rights.
Initially, a writ petition was filed by Mr Jamil on behalf of the Aurat Foundation, in which two women voters Ms Bukht Zarina and Ms Mashooq Zari, belonging to Bamkhela Union Council, district Swabi had claimed that women were barred from casting votes in their union council.
They stated that all the contesting candidates and political parties had entered into an agreement, following which women were barred from casting their votes in the local bodies elections.