Assembly vacancy: Court orders record for PK-22 by-polls

Petitioner contended that since less than 120 days are left in the government’s tenure, by-polls cannot be held.

PESHAWAR: The Peshawar High Court (PHC) has issued notices to the provincial election commission and asked for complete records of PK-22 by-polls.

By-election for PK 22’s vacant seat in Shabqadar was announced to be held on January 15 after former MPA Muhammad Ali Khan passed away.

The petition filed by Sardar Khan contended that Muhammad Ali Khan died on November 22 and according to Article 224 (4) of the Constitution, by-polls cannot be held within 120 days of the end of government’s tenure. Notification regarding Khan’s death was issued on November 26.

Sardar said that holding by-elections at such a time was contrary to the law and requested the court to issue stay orders against holding the elections.

The law officer from the election commission informed the court that the members of assembly took oath on March 28, 2008 and the constitutional tenure of the assembly also ends on March 28, 2013. Thus the by-polls were in accordance with the law.



The court on Thursday had ordered that the relevant record be produced before the court on Friday.

During the case hearing on Friday, a law officer from the election commission produced details for holding the by-election. The records were, however, termed incomplete by the PHC division bench headed by Justice Khalid Mehmood and Justice Shahjahan Akhunzada.

The bench ordered that the complete record be produced on Monday. Fazl-e-Ilahi, Sardar’s counsel, requested the court to issue stay orders against holding the elections.

The court later issued notices against concerned officials of the election commission and also asked the deputy attorney general and representatives of the office of advocate general Khyber-Pakhtunkhwa to assist the court on Monday.

Published in The Express Tribune, January 12^th, 2013.