PHC dismisses PTI MNA's petition

Lifts stay order; ECP can proceed against Sohail Sultan

PESHAWAR:

The Peshawar High Court (PHC) on Friday dismissed a writ petition filed by Pakistan Tehreek-e-Insaf (PTI) leader and Member of the National Assembly (MNA) Sohail Sultan, challenging a reference sent by the Speaker regarding his alleged disqualification and the notice issued by the Election Commission of Pakistan (ECP).

The court upheld the ECP's proceedings and vacated the stay order against further action.

A two-member bench comprising Justice Syed Arshad Ali and Justice Muhammad Faheem Wali heard the petition. During the proceedings, counsel for the complainant Sultan Muhammad Khan Advocate, the Special Secretary Law of the ECP, and lawyers for the petitioner appeared before the court.

Arguing the case, the complainant's counsel submitted that the petitioner himself had admitted to having served as an Assistant Advocate General but contested elections before completion of the mandatory two-year cooling-off period. He questioned the appropriate forum to decide the issue of disqualification, asserting that under Articles 63(1)(k) and 63(2) of the Constitution, the ECP was the competent authority to adjudicate such matters upon a reference from the Speaker.

He further argued that granting relief at this stage would amount to interference in the ECP's constitutional functions, particularly as the Commission had not yet passed any final order. Stopping the ECP from proceeding, he said, would set an unconstitutional precedent and undermine Article 63. Citing judgments of the Supreme Court and high courts, he maintained that there was no bar on the ECP from initiating proceedings where facts had allegedly been concealed.

On the other hand, counsel for Sohail Sultan contended that his client, an MNA from Swat, was facing unlawful action, as no objection had been raised at the time of nomination, during elections, or before the election tribunal.