PESHAWAR (Kamran Ali Shah): The Peshawar High Court (PHC) on Thursday issued a written verdict accepting petitions filed by Provincial Minister Dr Amjad against the Election Commission of Pakistan’s (ECP) notice and subsequent action regarding his assets.
According to the 10-page decision authored by Justice Syed Arshad Ali, the court declared the ECP’s notice null and void. The verdict stated that, as per reports of the Revenue Department and the Deputy Commissioner of Swat, the details of the petitioner’s assets were found to be correct.
The court observed that the Election Commission passed its decision despite a restraining order issued in favour of the petitioner. It further noted that the ECP sent a reference to the Speaker of the Provincial Assembly seeking Dr Amjad’s disqualification, despite lacking the authority to do so.
The decision held that the Election Commission does not possess the powers of a court or tribunal and is not authorised to send a reference to the Speaker for disqualification. It added that, under the law, the Speaker of the Provincial Assembly acted correctly by rejecting the ECP’s reference.
The court expressed surprise that the Election Commission sought a report from the Deputy Commissioner while simultaneously forwarding a disqualification reference without waiting for the report.
Referring to Section 137 of the Election Act, 2017, the verdict stated that members of the National Assembly, Provincial Assemblies and the Senate are required to submit their returns by December 31. It added that failure to submit returns by January 16 empowers the Election Commission to suspend a member’s membership.
The decision clarified that if it is proven that a member has submitted false asset statements, the Election Commission is required under the law to file a complaint before a Sessions Judge.
The court remanded the matter back to the Election Commission for inquiry and directed that the petitioner be given a right of hearing. The verdict noted that although the ECP had passed an order against the petitioner in contempt of court, the Election Commission is a constitutional body and therefore contempt proceedings could not be initiated against it.
The court expressed its expectation that the Election Commission of Pakistan would comply with court orders and directed that a larger bench headed by the Chief Election Commissioner be constituted to hear the matter.
