PESHAWAR: Peshawar High Court on Tuesday reserved its order over plea of Chief Minister Ali Amin Gandapur, challenging the proceedings started by the Election Commission of Pakistan over two petitions seeking his disqualification.

A bench consisting of Justice Ijaz Anwar and Justice Syed Arshad Ali pronounced after the completion of arguments by both the parties that it would release an appropriate judgment in the matter later.

The bench was hearing two almost identical petitions filed by Ali Amin Gandapur, challenging the proceedings started by ECP on pleas of two persons named Mohammad Junaid and Ziaullah seeking his disqualification.

The high court had stayed the proceedings in the matter by ECP in April this year and extended the same from time-to-time.

Petitioner claims ECP jurisdiction ends after formation of election tribunals

Advocate Alam Khan Adenzai, appearing for the chief minister, contended that after the formation of election tribunals, ECP had no authority to proceed on the said two applications. He stated that initially a rival candidate, Mohammad Kafeel Ahmad, had challenged the election of Mr Gandapur as an MPA from PK-113 Dera Ismail Khan, which was challenged by Mr Gandapur in the high court.

Subsequently, he stated, Mr Kafeel had withdrawn his plea after which the earlier petition of Mr Gandapur was also withdrawn as it had become infructuous. He contended that in the meantime the two other petitioners challenged the election of Mr Gandapur before ECP and sought his disqualification.

Advocate Adenzai requested the high court to declare that ECP had no jurisdiction to hear the case as the petitions filed before the commission were not maintainable. He contended that the petitioners claimed that Mr Gandapur made a misstatement regarding his properties before the returning officer, and thus he was not Sadiq (truthful) and Ameen (righteous).

He said that the petitioners sought his disqualification under Constitution’s articles 218(3) and 62(1) (F) and different provisions of Elections Act, 2017. He argued that as Mr Gandapur had been elected chief minister, ECP had overstepped its powers by entertaining the petition.

ECP’s counsel Sikander Bashir Mohmand contended that the commission had referred some of the petitions related to election disputes to the notified election tribunals. However, he stated that as the high court had issued a stay order in the matter, therefore, no further proceedings were conducted by ECP in that regard.

Meanwhile, the bench adjourned to Dec 17 hearing into another petition of Mr Gandapur wherein he had challenged a notice of ECP to him for appearance in a case related to his assets.

Advocate Malik Akhter Hussain appeared for Mr Gandapur stating that he had received power of attorney from his client on Tuesday, therefore, he may be allowed some time for preparing the case.

The impugned notice was issued to Mr Gandapur on April 28 wherein he was asked to appear before the commission on April 30. The ECP had taken suo motu notice of the matter.

Mr Gandapur had prayed the court to declare the ECP’s proceedings about his ‘assets for the year 2023 in connection with the 2024 general elections’ illegal, void ab initio, unconstitutional, and devoid of any provision of Elections Act, 2017.

ECP’s counsel Sikander Bashir Mohmand contended that the commission had only issued a notice to the petitioner, seeking certain details from him about his properties. However, he added that instead of providing the details and appearing before the commission, the petitioner approached the high court.

He stated that on April 30, PHC granted interim relief to the petitioner and suspended proceedings by ECP on the said notice. He added that the proceedings before ECP were in initial stages.

He said that there were certain facts about the land in question, measuring 735 kanals in Dera Ismail Khan. He said that the petitioner claimed that the land in fact belonged to his friend Asif Khan and was temporarily transferred to his name, which was subsequently mutated in the name of Asif Khan.

However, he stated that in his assets and liabilities form submitted to ECP in 2020, the petitioner claimed that he purchased a vehicle from the funds he received from sale of the said land.

Published in Dawn, November 13th, 2024