PHC seeks reply on PTI's independents petition

The Peshawar High Court (PHC) has issued a written order in response to a petition filed by Khyber-Pakhtunkhwa Chief Minister Ali Amin Gandapur, challenging the Election Commission of Pakistan's (ECP) decision to declare Pakistan Tehreek-e-Insaf (PTI) lawmakers as independent members of the provincial assembly.

The bench, comprising Justice Ijaz Anwar and Justice Faheem Wali, has sought a response from the Attorney General's Office. According to the written order, the Additional Attorney General has been directed to submit a reply before the next hearing. The court also ordered that this petition be heard alongside other related petitions filed by the Chief Minister and the Speaker of the K-P Assembly. The hearing has been adjourned until August 5.

Chief Minister Gandapur filed the constitutional petition against the ECP's decision to strip PTI-affiliated assembly members of their party status and designate them as independents. In a related matter, the Chief Minister and the Speaker have also challenged the oath-taking of women elected on reserved seats at the Governor House, requesting the court to declare the move null and void.

In his petition, Gandapur contended that PTI remains a functioning political party and still holds a majority in the K-P Assembly. He argued that the ECP's exclusion of PTI from the legal definition of a political party is unlawful. According to the ECP rules, a party must possess an election symbol to be officially recognized; however, Gandapur pointed out that under the Elections Act, 2017, the presence of an election symbol is not a mandatory criterion for political party recognition. He maintained that where there is a conflict between election rules and the Act, the provisions of the Act must prevail.

The petition asserts that the ECP has no authority to declare PTI candidates as independents, and it requests the court to declare PTI lawmakers as legitimate party members.

Furthermore, Gandapur urged the court to nullify the allocation of reserved seats, alleging that PTI was unjustly denied its rightful share despite being the majority party. The petition also calls for multiple ECP orders to be declared unlawful, citing deliberate exclusion of PTI in the distribution of reserved seats and allocation to rival parties.

Meanwhile, PHC on Saturday deferred further proceedings and transferred the case to another bench regarding a petition filed against the sharing of videos from an event at Women University Swabi on TikTok.

During the hearing, Deputy Commissioner (DC) Swabi Nasrullah, Additional Assistant Commissioner Fakhar Alam, and representatives of Women University Swabi appeared before the court. The case was heard by a bench comprising Justice Ejaz Anwar and Justice Faheem Wali.

The petition, filed by Advocate Muhammad Hamdan, alleged that videos from a university event, attended by the DC and other officials, were later uploaded to the DC's personal TikTok account. The petitioner argued this act violated several articles of the Constitution and the official Code of Conduct, which may warrant penalties including dismissal from service.

Advocate Hamdan contended that the DC's actions were contrary to social and cultural norms, sparking concern among the local community.