Court seeks date for K-P polls over PTI pleas
The authority failed to appoint a prosecutor despite repeated court orders. PHOTO: EXPRESS
The Peshawar High Court on Tuesday sought replies from the Khyber-Pakhtunkhwa advocate general and the Election Commission of Pakistan (ECP) on when the provincial polls would be held, now that its assembly had been dissolved.
A two-judge bench of the PHC, comprising Justice Ishtiaq Ibrahim and Justice Syed Arshad Ali, was hearing petitions filed by PTI leaders against not holding the elections within 90 days as enshrined in the Constitution.
The bench asked K-P Advocate General Barrister Amir Javed that why had not the date for the elections been issued yet.
It added that the date for the polls should have been given on the day when the provincial assembly was dissolved but even the response had not been given in the case.
The lawyers representing the petitioners including Shumail Ahmad Butt, Moazam Butt, and Nauman Muhib Kakakhel, informed the court that it was necessary to conduct the polls within 90 days after the dissolution of the provincial assembly.
However, they added that K-P Governor Haji Ghulam Ali had still not announced the date and alleged that he was deliberately trying to delay them under the garb of the security situation in the province.
They contended that by-elections for 33 National Assembly seats were scheduled to take place in the same prevailing law and order situation.
The advocate general told the court that under Article 248 of the Constitution, a court could not direct a governor to carry out their official duties.
He added that the governor enjoyed immunity under the constitutional article and that was why he had not submitted his reply to the court.
Justice Syed Arshad Ali told him to submit a response to the court, which would review the reservations of the governor.
The advocate general told him that he would submit the comments of the principal secretary during the next hearing.
The court, while issuing notices to the advocate general and the ECP seeking their written replies on the matter, adjourned the hearing of the case till February 16.