ISLAMABAD: The Supreme Court set aside on Tuesday an order of the Peshawar High Court on a suo motu against barring women from casting votes in NA-5 Nowshera and NA-27 Lakki Marwat constituencies during the Aug 22 by-elections.

A three-judge SC bench headed by Justice Anwar Zaheer Jamali overturned the PHC order while hearing a petition of PTI’s Dr Imran Khattak who had challenged the use of suo motu by the high court.

The SC verdict meant that the Election Commission of Pakistan (ECP) would be free to notify the names of those candidates who had won the by-elections from the two NA constituencies, said Advocate Athar Minallah while talking to Dawn. Both the seats were bagged by the candidates of the Pakistan Tehreek-i-Insaf — Dr Imran Khattak (NA-5) and retired Col Amirullah Marwat (NA-27).

In compliance with the PHC order, the ECP had announced re-polling in the two constituencies. The apex court decided the matter after converting the petition into an appeal and directed the aggrieved parties to approach the ECP for the redressal of their grievances, if any.

Advocate Athar Minallah, representing the petitioner, argued that under articles 184(3) and 199 of the constitution, the high court had no jurisdiction to take suo motu on a complaint. He said the high court could take notice of a matter only if an aggrieved person filed a petition in this regard.

He asked why the PHC had failed to take notice in the NA-32 Upper Dir constituency where only one woman had cast her vote out of 138,910 registered female voters. The same was the case with PK-70 Bannu, he added.