PESHAWAR: The Peshawar High Court on Tuesday declined to include the National Commission on the Status of Women (NCSW) and several social activists as respondents in a women votes dispute case.

The Jamaat-i-Islami candidate had filed a petition with the court against the Election Commission of Pakistan judgment of declaring the by-election for a provincial assembly constituency void due to ‘disenfranchisement’ of women voters in Lower Dir.

A bench comprising Chief Justice Mazhar Alam Miankhel and Justice Irshad Qaiser dismissed several applications filed by the NCSW, Aurat Foundation, and social activists Bushra Gohar, Rukshanada Naz, Tahira Abdullah and others for becoming party to the case.

It ruled that the applicants were not aggrieved persons in terms of Article 199 of the Constitution and that they were as such not necessary parties to the dispute.

The bench fixed Oct 28 for hearing into the petition of JI candidate Aizazul Mulk, who challenged the June 2 order of the ECP through which the by-election in PK-95 Lower Dir was declared void and a subsequent notification of June 5 through which the schedule was announced for holding fresh by-elections on July 12. The high court has already stayed the by-polls.

Mohisn Kiyani was the lawyer for the NCSW, while Qazi Jawad Ahsanullah and Jalalauddin Khan represented civil society organisations and other activists.

The NCSW lawyer said first the commission was set up under the National Commission on the Status of Women Ordinance 2000 and subsequently, an Act was passed by the parliament in 2012 in this regard.

He said in Section 11 of the said Act, the NCSW functions had been explained and that also included looking into violation of the women’s rights.

The lawyer said the NCSW was a party to the issue and that he had also been a party before the ECP.

Lawyers for other civil society members said their clients were noted social activists, who had always strived for the rights of women and that denying women their right to vote was unconstitutional and injustice to them.

The petitioner’s lawyer, Ghulam Mohiuddin Malik, opposed their inclusion as respondents in the NCSW, social activists not party to women votes dispute case: PHC case and contended that these applicants were not contesting candidates and therefore, they had no locus standi to become respondents.

He added that as the applicants were also not voters of the said constituency, they were not aggrieved persons.

Petitioner Aizazul Mulk had won the by-polls on May 7 by receiving 20,288 votes.

The said seat had fallen vacant after then MPA Sirajul Haq, chief of JI, became a senator.

Chief Election Commissioner Justice (r) Sardar Mohammad Raza Khan had taken notice of the women’s disenfranchisement over media reports and complaints of civil society organisations.

The petitioner has contended that under Article 225 of the Constitution, no election should be called in question except by an election petition before an election tribunal.

He, however, said the ECP had taken suo moto notice of the reports about the alleged bar on women voters.

The petitioner claimed that traditionally, women didn’t vote in PK-95 on their own and not under any pressure.

He said there existed no evidence of any agreement among local elders for vote bar on women.

Published in Dawn, October 14th , 2015

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