PESHAWAR: The Pakistan Tehreek-e-Insaf (PTI) moved the Peshawar High Court (PHC) against Khyber-Pakhtunkhwa (KP) Governor Haji Ghulam Ali’s refusal to issue date for the provincial elections.
It may be noted that the Supreme Court registrar had returned a similar plea filed by PTI on Monday, with objections. Deciding not to move against the registrar’s office objections, PTI filed a writ plea in the PHC. The party would again approach the apex court in case the required response is not received from the high court.
The petition filed by PTI leader and KP Assembly speaker Mushtaq Ghani stated that the governor had given the date of October 8 for the provincial elections.
It said that the governor had earlier announced May 28 as the date for polls but the Election Commission of Pakistan (ECP) did not notify it.
“The governor’s election date of October 8 is illegal and unconstitutional,” the petition read.
It urged PHC to order the governor to announce an date in line with the ruling of the apex court, which ordered snap polls and bound the ECP to abide by it.
The electoral body, the federal government, KP governor and President Arif Alvi have been made respondents in the case.
SC registrar returns PTI’s petition with objections
The SC registrar had returned with objections, a petition, filed by PTI challenging KP governor’s announcement of October 8 as a polling date in the province.
The registrar objected that the petitioner had not affixed the court fee stamp, adding that some pages of the constitutional petition were illegible. Moreover, some pages contain over-writing/cutting.
It was further objected that notice issued to the respondent was not properly drawn, as it was not mentioned therein for what purpose that constitutional petition was being filed before the court nor copy of the petition had been provided to the respondent.
PTI, through its Secretary General Asad Umar, Ghani, former chief minister Mahmood Khan and others had filed the petition under Article 184(3) of the Constitution.
They had contended that if the excuse of law and order situation as well as financial constraints was allowed to be valid for postponing the elections, then the elections could be delayed indefinitely for the reason, which would amount to subversion and usurpation of the Constitution.