LEGAL
The Peshawar High Court has suspended the Election Commission of Pakistan’s (ECP) notice issued to Khyber Pakhtunkhwa Chief Minister Ali Amin Gandapur on November 20, following a petition filed by the Chief Minister challenging the notice. The court's order temporarily halts any further action by the ECP against Gandapur, who had been issued the notice regarding his assets.
The bench, comprising Justice SM Atiq Shah and Justice Fahim Wali, heard the case on Tuesday. The petitioner’s lawyer argued that the Election Commission had previously sent a similar notice regarding the Chief Minister’s assets, which was also suspended by the court. He pointed out that despite the earlier suspension, the ECP had reissued the notice, which led to the current petition.
Justice SM Atiq Shah raised concerns over the ECP’s actions, questioning how the Commission could issue a notice after the previous one had already been suspended. "Once the court has suspended the notice, how could the Election Commission send it again? You should have filed a contempt of court petition," Justice Shah remarked during the hearing.
The lawyer representing the Chief Minister explained that there was a distinction between the old and the new notice. However, the court remained unconvinced and suspended the November 20 notice, issuing a restraining order to prevent the Election Commission from taking any further action against Ali Amin Gandapur. Additionally, the court sought a response from the Election Commission regarding the matter.
This legal development has added a new layer of complexity to the ongoing issue between the provincial government and the Election Commission. The ECP had earlier sought clarity on the assets of public officeholders, including Chief Minister Gandapur, but the legal challenges have delayed any decisive action.
With the suspension of the notice, the issue will remain unresolved for the time being, pending further legal proceedings and a response from the Election Commission. This case highlights the ongoing tensions between the provincial administration and the Election Commission over the accountability of public officials, particularly in relation to asset disclosures.
The court's intervention is seen as a temporary relief for Ali Amin Gandapur, who has been embroiled in several controversies related to his political activities and his assets. The ECP’s role in scrutinizing assets of public officials, especially in light of the political dynamics in Khyber Pakhtunkhwa, will likely continue to be a contentious issue.
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