Peshawar: Peshawar High Court on Tuesday adjourned hearing of four connected petitions seeking directives for Election Commission of Pakistan to hold election to provincial assembly within 90 days of its dissolution in January or with the minimum possible deviation from that deadline and also order replacement of the Khyber Pakhtunkhwa governor.

A bench consisting of Justice Ijaz Anwar and Justice Shakeel Ahmad, however, ordered to separate from other cases the plea seeking replacement of governor with an acting one as he had not fulfilled his constitutional obligation of announcing elections date within 90 days of the dissolution of the provincial assembly.

In that petition filed by senior lawyer Mohammad Moazam Butt, the court was also requested to issue directive to federal interior ministry for initiating proceedings against the governor for committing ‘high treason’ under Article 6 of Constitution.

Muazzam Butt contended that the issue in his petition was different than the other three petitions, therefore, it might be heard separately. The bench observed that the petition would be fixed shortly.

Bench separates petition seeking replacement of KP governor

The main petition was jointly filed by KP Assembly Speaker Mushtaq Ahmad Ghani and the then Pakistan Tehreek-i-Insaf secretary general Asad Umar, requesting the court to declare illegal and unconstitutional a letter written by governor to ECP in March 2023, recommending October 8 as the election date and a subsequent notification by the commission to fix that date for polls in the province.

The petitioners have requested the court to declare that election to the provincial assembly is to be held not later than 90 days of its dissolution, subject to the barest minimum deviation in present circumstances.

KP Assembly was dissolved by the governor on January 18 on the advice of the then chief minister.

Advocate Shumail Ahmad Butt appeared in that case and stated that the constitutionally stipulated 90-day deadline for holding polls had already expired on April 18. He said that so far the governor had not filed his reply in the matter.

As governor’s lawyer Tariq Afridi was not present, his assistant informed the court that they had submitted the comments on behalf of the governor on Tuesday, but had not been placed on the relevant file.

The advocate general, Aamir Javed, and the additional attorney general, Sanaullah, appeared for the provincial and federal governments, whereas Advocate Mohsin Kamran Siddique represented ECP.

During course of hearing, Justice Shakeel Ahmad inquired whether any date was fixed by ECP for holding of the polls. Mohsin Kamran said that so far no specific date was given by ECP as it had announced that general elections would be held during last week of January 2024.

AAG Sanaullah stated that the case had almost become infructuous to which the bench observed that apparently the petitioners had no longer been taking interest in it.

Shumail Butt stated that the petitioners had not contacted them recently.

The petitioners have contended that the date earlier announced by the governor was contrary to the clear mandate of the Constitution and tantamount to depriving the petitioners and all other citizens of the province of their fundamental right guaranteed under Article 17 of Constitution to contest and participate in elections.

Muazzam Butt, affiliated with PTI, has also requested the court to order the provincial caretaker government to vacate their offices as rendering the continuation of such government beyond 90 days was nullity in law and without jurisdiction.

He contended that the governor committed breach of his constitutional responsibility and violated his oath prescribed under Third Schedule read with Article 102 of Constitution.

Published in Dawn, October 11th, 2023