PESHAWAR: The Peshawar High Court (PHC) issued a written order instructing the Attorney General’s Office to submit a written response to a petition filed by Khyber Pakhtunkhwa Chief Minister Ali Amin Gandapur, challenging the Election Commission of Pakistan’s (ECP) decision to classify Pakistan Tehreek-e-Insaf (PTI) lawmakers as independents.
A two-member bench, comprising Justice Ijaz Anwar and Justice Faheem Wali, directed the AG office to file its reply by the next hearing. The court also stated that Gandapur’s petition would be heard jointly with similar petitions submitted by the provincial chief minister and the speaker of the KP Assembly. The hearing was adjourned until August 5.
In his petition, CM Gandapur argued that PTI remains a legally recognized political party with a majority in the KP Assembly and, therefore, its members cannot be declared as independents. He contended that while the Election Rules mandate a party symbol, the Elections Act, 2017 does not require it for the legal status of a political party. He maintained that statutory law overrides rules, and thus the ECP lacked authority to strip PTI members of their affiliation.
Additionally, the chief minister and speaker filed a separate petition challenging the oath-taking of reserved seat members at the Governor’s House, calling it unlawful and seeking the court’s intervention to declare the oaths null and void.
Gandapur also contested the distribution of reserved seats, accusing the ECP of denying PTI its rightful share despite holding a majority. He argued that the ECP exceeded its jurisdiction by allocating those seats to other parties.
The petition calls for the restoration of PTI lawmakers’ party status and the annulment of the ECP’s decision.
