PHC refers Chitral by-poll case to CJ

The Peshawar High Court (PHC) has referred a petition challenging the upcoming by-election in National Assembly constituency NA-1 Chitral to the Chief Justice for the formation of a larger bench.

The case was heard by a two-member bench comprising Justice Syed Arshad Ali and Justice Waqar Ahmad on Thursday. During the hearing, Justice Arshad Ali questioned the urgency shown by the Election Commission of Pakistan (ECP) in holding by-elections in Chitral while the case of former MNA Abdul Latif is still pending.

Justice Arshad remarked, "What's the hurry for elections when Abdul Latif's appeal is still under consideration? If his conviction is overturned later, what will happen then? This is a significant constitutional matter that a larger bench should decide."

Advocate Muazzam Butt, representing petitioner Abdul Latif, informed the court that his client's appeal is currently being heard in the Islamabad High Court and is expected to be scheduled within 15 days. He argued that since the appeal is pending and his client has already surrendered to law, the by-election should be halted until a final decision is made.

However, the ECP's counsel urged the court to lift the stay order on the by-election, emphasizing that the court had earlier suspended the election process. Additional Attorney General Sanaullah informed the bench that the Constitution mandates holding elections within 60 days of a seat becoming vacant.

Justice Arshad Ali responded that the situation poses a constitutional dilemma: "If elections are held and the court later sets aside the conviction, what happens then? The Constitution is silent on this issue."

Deputy Director Law of the ECP, Khurram Shehzad, maintained that the Constitution requires the Assembly to remain complete and not incomplete due to vacant seats.

Advocate Mohibullah Tareechvi, appearing as an intervenor from Chitral, argued that delaying the election would deprive the constituency of representation, affecting development work. He also warned that further delays could push polling into the snow season, making it difficult for voters to participate.

Concluding the hearing, Justice Arshad Ali observed that the issue required constitutional clarity and ordered that the matter be referred to the Chief Justice for the constitution of a larger bench.