PESHAWAR: The Peshawar High Court issued notices to the federal government, Attorney General, Election Commission and other parties in a case related to violation of Election Rules 2017.
Earlier the applications were heard by a two-member bench comprising Justice Ijaz Anwar and Justice Fahim Wali. Bashir Khan Wazir, Advocate, said that they have also challenged the oath-taking ceremony in the Governor House. The court said that on the instructions of the Election Commission, the Chief Justice nominated the Governor to administer the oath to the members.
Lawyer of the Petitioner said that Article 255(2), the word impracticality is written. Justice Ijaz Anwar replied that the speaker called the assembly session and did not take the oath from the members. this shows that the oath was impossible and the assembly session was postponed until July 24.
The Supreme Court’s decision has come. What remains after that? Justice Ijaz Anwar asked the petitioner. Though someone may disagree with this decision, the decision has come, Justice Ijaz Anwar remarked.
The Election Commission wrote a letter to the Chief Minister on July 14, and the Chief Minister received it on July 16, Advocate General Shah Faisal Utmankhel said. He said that the Chief Minister sent a summary to the Governor, and the meeting was called on July 20; however, the meeting was adjourned due to lack of quorum.
The court questioned that, if they had not taken the oath, then those members could not have voted in the Senate election today. Justice Muhammad Fahim Wali asked that in what capacity did the Chief Minister file the application, and how is he affected?
The Speaker of the Provincial Assembly is affected in this case, he should come to the court. The Constitution has given the power to the Chief Justice of the High Court, Justice Ijaz Anwar remarked. The advocate General said that an application has also been filed by the Speaker.
Advocate General Shah Faisal Utmankhel said that the Chief Minister has filed a petition against the Election Commission’s declaration of PTI members as independent, which violated the Election Rules 2017.
The court replied that they issued notices to the federal government, the Election Commission and other parties in that case.
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