PESHAWAR: The Peshawar High Court (PHC) on Tuesday suspended the Election Commission of Pakistan’s (ECP)’s notice about asset declaration to Chief Minister Ali Amin Gandapur.
A two-member bench comprising Justice SM Attique Shah and Justice Shakeel Ahmad heard the petition.
Syed Sikandar Hayat Shah Advocate appeared for the petitioner Chief Minister Ali Amin Gandapur. He had moved the PHC to challenge the issuance of a notice to him by the (ECP) about his assets. The ECP was made a respondent in the petition.
His lawyer told the court that Ali Amin Gandapur contested the last general election from the provincial assembly constituency PK-113 and was elected Member Provincial Assembly and he was now serving as the chief minister of the province. He said the ECP had issued him a notice about his assets declaration, which, he added, was based on malafide intention.
The counsel said his client had submitted all the details about his assets along with the nomination papers at the time of contesting the election.
The chief minister had declared his assets in the nomination papers, he said, adding that all the details were thoroughly checked by the returning officer and he was allowed to contest the election.
The lawyer said the election had already taken place and Ali Amin Gandapur had been elected and was now serving as the chief minister.
The ECP was not authorized to issue the notice after the holding of the election, he maintained, adding the action was based on malafide intention. He said that if somebody had any grievance against his client, he could move the election tribunal.
The lawyer said the ECP had summoned the chief minister, which was against its mandate under the rules.
The ECP was supposed to conduct the election and not harass the elected public representatives, he argued.
The lawyer said the workers and leaders of a certain political party were being harassed and problems being created for them, which was illegal and unconstitutional.
The petition argued the ECP had notified all the lawmakers after which the electoral body had no right to take action against them.
The lawyer requested the court to suspend the ECP’s notification till a final decision on the petition.
The court suspended the notice of the election commission and directed it to submit its reply till May 22.
