The Peshawar High Court (PHC) on Thursday vacated the stay order on the swearing-in of the incoming lawmakers on the reserved seats for women and minorities in the Khyber-Pakhtunkhwa (K-P) Assembly and directed the Election Commission of Pakistan (ECP) to decide the distribution of the seats in 10 days.
A two member bench, comprising Syed Arshad Ali and Justice Dr Khurshid Iqbal, heard the petitions filed by the Pakistan Tehreek-e-Insaf Parliamentarians (PTI-P) and the Awami National Party (ANP), challenging the seats distribution by the ECP.
At the hearing, Sultan Muhammad Khan represented the PTI-P, while Babar Khan Yousafzai appeared in the court on behalf of the ANP. They had contended that the ECP had allocated both parties one seat each, while they deserved more seats as per their strength in the house.
On Tuesday, the PHC had stayed the oath-taking of lawmakers nominated for reserved seats in the K-P Assembly on the petition filed by PTI-P Chairman. The petitioner had challenged the ECP notification of March 4, 2024.
He contended that based on the party's success ratio, PTI-P was entitled to three reserved seats for women and one for minorities, but was allocated only one seat. The court issued the stay order and issued notice and sought reply from the ECP.
During the hearing on Thursday, ECP Special Secretary Muhammad Arshad informed the court that the PTI-P had applied to the ECP but its application was rejected. Later, the ECP special secretary added, the PTI-P moved the Islamabad High Court (IHC), where its petition was still pending.
Responding to a court query about moving the two high courts, PTI-P lawyer Sultan Muhammad Khan stated that he was representing the petitioner in the PHC and did not know about any litigation in the IHC. Later, the PTI-P lawyer withdrew his petition.
Yusufzai, the lawyer for the ANP, stated that his petition was also pending in the PHC. The ECP special secretary replied that ANP's case was different from that of the PTI-P, as one of its candidates won in the by-elections, which did not impact the allocation of the reserved seats.
The bench lifted its stay order following withdrawal of the PTI-P's petition, while forwarded the ANP's petition regarding the distribution of reserved seats to the ECP. The court directed the ECP to hear consider ANP's application and take a decision within 10 days.
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