K-P Senate elections delay questioned

PHC CJ says province cannot be deprived of representation

PESHAWAR:

The Peshawar High Court has adjourned the hearing on the petition filed to hold Senate elections in Khyber-Pakhtunkhwa until Thursday (today), and directed the lawyers involved to come fully prepared. PHC Chief Justice Ishtiaq Ibrahim remarked, that the since the Supreme Court has given its decision, how can the province be deprived of representation?

"The issue here is that we accept what benefits us and reject what doesn't," he said. Justice Waqar Ahmed commented that if the provincial assembly can conduct presidential elections, why can't Senate elections be held? "Why are you not conducting Senate elections now? The issue of the electoral college existed in other provinces as well, but elections were held there."

The case was heard by a two-member bench, comprising Chief Justice Ishtiaq Ibrahim and Justice Waqar Ahmed. Advocate Ali Zaman represented the petitioner, former Senator Azam Swati. He informed the court that this petition was filed to conduct Senate elections in Khyber-Pakhtunkhwa.

The Senate elections were initially scheduled for April 2, 2024, but were postponed. In response to the Peshawar High Court's decision on reserved seats, a petition was filed in the Supreme Court. "The Supreme Court ruled in our favor regarding the reserved seats," he added.

The CJ asked the lawyers how many members from the province are currently in the Senate. The lawyer representing the Election Commission informed the court that seven members from the province are currently representing it in the Senate. Upon this, the CJ said, "Now that the Supreme Court has given its decision, how can the province be deprived of representation?"

The petitioner's lawyer informed the court that in the last hearing, it was stated that once the Supreme Court's decision regarding the reserved seats comes, the elections will be held. A petition was filed on March 30, 2024, while the five-member bench of the high court gave its decision on March 25, 2024.

"The Supreme Court suspended that decision and later nullified it, ruling in our favor," Advocate Zaman said.

The lawyer also informed the bench that objections were raised that the petition was time-barred, but the court stated that it was asking for election dates.

Justice Waqar Ahmed addressed the Election Commission's lawyer, asking, "Why are you not conducting Senate elections now? The issue of the electoral college existed in other provinces as well, but elections were held there."