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Disqualification case: PHC suspends ECP proceedings against Gandapur

Amjad Safi
Thursday, Mar 21, 2024

PESHAWAR: The Peshawar High Court (PHC) on Wednesday suspended the Election Commission of Pakistan disqualification proceedings against the Khyber Pakhtunkhwa Chief Minister Ali Amin Gandapur and his appearance in the ECP on March 26.

A division bench of the PHC comprising Justice Ijaz Anwar and Justice Wiqar Ahmad while hearing the petition also issued notices to the parties and sought their replies.

Syed Sikandar Shah and Alam Khan Adinzai advocates represented the petitioner Ali Amin Gandapur.

During the course of hearing, Justice Ijaz Anwar remarked that after the Supreme Court’s verdict, no institution had authority to declare someone “Sadiq or truthful” and “Amin or trustworthy”.

Justice Wiqar Ahmad questioned if the matter was already being heard by the Election Commission.

It may be mentioned that the ECP had accepted a plea for hearing seeking the disqualification of KP Chief Minister Ali Amin Gandapur last week.

The lawyers for the petitioner informed the court one Muhammad Kafil from Dear Ismail Khan had filed an application with ECP that Ali Amin Gandapur had got 735 kanals of land in Dera Ismail Khan transferred in his name unlawfully.

They argued that the plea also read that the chief minister KP was not eligible to hold public office, thus he should be disqualified and de-seated as a member of the KP Assembly for submitting a false statement.

They said that the election watchdog had also directed the chief minister to appear before the District Election Commissioner on March 26.

The lawyers said that the ECP proceedings against the KP CM were illegal as the petitioner had already been notified as chief minister.

According to the rules, they argued the ECP had no jurisdiction to summon a lawmaker after taking oath of his membership and the applicant should have filed a petition in the election tribunal, which was already in place to hear such a petition.

Upon this, the bench suspended the ECP proceedings against Chief Minister Ali Amin Gandapur and his appearance in the ECP on March 26 and also issued notices to the parties.