PHC set to take up PTI's plea for polls under judicial administration

PESHAWAR: The Peshawar High Court (PHC) will take up a petition filed by Pakistan Tehreek-e-Insaf (PTI) seeking the conduct of the sought-after general elections under the judiciary's administration on December 18 (Monday).

The former ruling party continues to voice concerns regarding free and fair elections, which are set to take place after much delay next year on February 8, 2024, as the submission of the plea comes after a similar petition in the Lahore High Court.

On Friday, PTI's Advocate Muazzam Butt filed an amended petition to the PHC contesting the Election Commission of Pakistan's (ECP) notification for the appointment of returning officers (ROs) and district returning officers (DROs) in the plea.

Hours before a Supreme Court bench suspended the LHC's stay on the electoral watchdog's notification, PHC Chief Justice Mohammad Ibrahim Khan presided over a hearing on PTI's petition on Friday.

During the hearing, provincial Advocate General Amir Javed contended that the petition initially filed by the party had not challenged the electoral watchdog's notification, as it was not issued when the petition was submitted.

At this, CJ Khan directed the PTI lawyer to submit the plea after amendment.

CJ Khan said that the administration is left with no work except for issuing the detention orders under the Maintenance of Public Order (MPO) 3".

"Are free and fair elections possible in such a situation and under such administration," he said, referring to over 700 MPO-3 orders issued in Khyber Pakhtunkhwa.

"This is a national issue, submit a supplementary petition," the PHC chief justice said, adding that no delay in the elections will be allowed.

During the hearing, the matter of the Lahore High Court's (LHC) suspension of the ECP's notification also came under discussion.

In a hiccup in the polling process, the LHC suspended the commission's notification for the appointment of the ROs and DROs from the executive branch, putting a stop to the training of the election officers.

After the submission of the amended plea, the bench fixed the matter for hearing at 2pm on Monday (December 18).

It may be noted that PTI filed a similar petition in LHC, contesting the appointment of ROs and DROs from the bureaucracy.

The high court's order on the petition, suspending the national electoral governing body's notification, brought the election process to a standstill as the ECP halted the training of poll officers, which is mandatory for staging the elections.

However, the ECP took the matter to the Supreme Court, which ruled that there should be no hindrance in staging the polls now.

The apex court stated in its order that the LHC bench issued an order exceeding its jurisdiction, restricting the high court from holding further hearings on the petitions related to the appointment of polling officers.

Following the Supreme Court's ruling, the commission also issued the much-awaited polling schedule, ending the months-long fears that the elections might be delayed.