Pakistan: Khyber Pakhtunkhwa govt to challenge Peshawar court’s decision in SC

The Khyber Pakhtunkhwa government has decided to approach Pakistan’s Supreme Court to challenge the Peshawar High Court’s (PHC) ruling regarding the oath of KP Assembly lawmakers elected on reserved seats, Pakistan-based Geo News reported.
In a statement, Khyber Pakhtunkhwa Law Minister Aftab Alam said, “We will challenge the Peshawar High Court’s verdict in the Supreme Court.” He further said that senior lawyers Salman Akram Raja, Hamid Khan, and Faisal Siddiqui have been included in the legal panel.
Alam said that a “writ petition” has been prepared, which will be filed after two days. He stated that the oath of members of the provincial assembly (MPAs) elected on reserved seats for minorities and women will not be administered until the apex court’s verdict comes on the matter.
Subsequently, the Khyber Pakhtunkhwa government will hold discussions regarding the expected postponement of the Senate election in the cabinet meeting set to be held today, according to Geo News report.
Aftab Alam said that the government could also move the court over the expected deal in the Upper House poll. However, the cabinet will make a final decision on the matter.
Speaking about the Pakistan Tehreek-e-Insaf (PTI), merger with the Sunni Ittehad Council (SIC) after the polls held on February 8, the provincial law minister called it “injustice” to ignore a political party with the highest number of seats during the allocation of reserved seats.
He claimed that injustice was done with the PTI on the reserved seats issue just like the unjust moves of stripping the PTI of its electoral symbol, bat.
Amid the issue of oath-taking on reserved seats in Khyber Pakhtunkhwa, the Election Commission of Pakistan (ECP), in a seven-page verdict on Thursday, hinted at postponing the Senate election in Khyber Pakhtunkhwa, which is scheduled to be held on April 2, Geo News reported.
On Thursday, the Chief Election Commissioner (CEC) issued a seven-page verdict on the application regarding the issuance of orders for administering oaths to the lawmakers and the suspension of the Senate election till the administration of oaths to the extent of Khyber Pakhtunkhwa.
The verdict issued by Pakistan’s electoral body stated that the right to vote is a fundamental right and no voter cannot be deprived of this fundamental right, according to Geo News report. It further stated that the commission has adequate power to issue such directions and such consequential orders to ensure that polls are conducted honestly, justly, fairly and in accordance with law.
It further said, “Therefore, in case of non compliance of directions and order issued under Article 218(3) read with Section 4(1) and Section 8(c) of the Act, the Commission may in addition to any other action may extend the time for completion of the Senate election to the extent of the province of Khyber Pakhtunkhwa till the administration of oath to members of the Provincial Assembly against the including the applicants.”
Earlier, opposition parties in the Khyber Pakhtunkhwa Assembly sought the court’s intervention on the issue of the oath-taking of members on the reserved seats, the report said.
The members of the Pakistan Muslim League-Nawaz (PML-N), Pakistan Peoples Party (PPP) and Jamiat Ulema-e-Islam-Fazl (JUI-F) in the petition requested the court to see that the members elected on the reserved seats are sworn in to be able to vote in the upcoming Senate polls.