Why PHC gave decision in haste, wonders apex court: Supreme Court suspends ruling to postpone second phase of KP LG polls

ISLAMABAD: The Supreme Court on Wednesday suspended the verdict of the Peshawar High Court (PHC), postponing the second phase of local government elections in Khyber Pakhtunkhwa scheduled for March 27.

A two-member bench of the apex court, comprising Justice Ijazul Ahsan and Justice Ayesha A Malik, admitted for regular hearing the appeal of the Election Commission of Pakistan (ECP) against the decision of the Peshawar High Court. The court suspended the decision of the Peshawar High Court and issued notices to the parties for February 14

The Peshawar High Court, Abbottabad circuit bench, had directed the ECP to postpone the second phase of local government elections scheduled for March 27 in view of the snowfall and cold weather in the hilly areas. The two-member bench had ordered the ECP to issue a fresh schedule for the polls to be held after Ramazan.

Some identical writ petitions were filed before the PHC Abbottabad circuit, seeking postponement of the second phase of the local bodies elections in view of possible snowfall in the mountainous areas.

The first phase of the local government elections was held in 17 districts in Khyber Pakhtunkhwa on December 19, 2021 and the second phase of the polls was scheduled to take place on March 27 in the remaining districts.

The bench had issued the order on the petitions jointly filed by Malik Aurangzeb, a resident of Kohistan and Sardar Nasir Aslam, a lawyer from Khyber Pakhtunkhwa and others.

The petitioners had argued before the court that it would be difficult to hold the polling in March in the hilly areas due to extreme cold and snowfall in these places. The Election Commission of Pakistan (ECP), however, filed an appeal in the Supreme Court against the PHC order.

On Wednesday, Afnan Karim Kundi, counsel for the Election Commission, submitted before the court that the Abbottabad circuit bench of the Peshawar High Court had postponed the local government elections without hearing the ECP's viewpoint.

At this, Justice Ayesha A Malik observed that before giving a verdict, the high court should have heard the stance of the Election Commission, adding it was not certain that the weather conditions in KP would hamper the election process. Justice Ijazul Ahsan observed that it was for the Election Commission to review the report of the Meteorological Department, not the court. “Why did the PHC give a decision in haste?" Justice Ijazul Ahsan asked.