PESHAWAR; The Peshawar High Court (PHC) has issued notices to the Election Commission of Pakistan (ECP) and other relevant parties in response to a petition challenging the declaration of Pakistan Tehreek-e-Insaf (PTI) assembly members as independent candidates.
The petition, filed by Khyber Pakhtunkhwa Chief Minister Ali Amin Gandapur, was heard on Friday by a two-member PHC bench comprising Justice Sahibzada Asad Ullah and Justice Farrukh Jamshed.
During the hearing, Bashir Khan Wazir, counsel for the petitioner, argued that PTI-affiliated members who contested and won the recent elections on PTI tickets were incorrectly declared as independents by the ECP, despite not joining any other political party.
Advocate General Shah Faisal Ittemad Khel added that the Supreme Court’s decision had only resulted in the withdrawal of PTI’s election symbol but had not declared PTI a non-political entity. He maintained that the ECP misinterpreted the court’s ruling and that, under the Election Act 2017, the withdrawal of an election symbol does not dissolve a political party.
He further contended that while the ECP based its decision on the Election Rules 2017, which imply dissolution of a party upon symbol withdrawal, the rules cannot override the provisions of the Act. He emphasized that PTI secured more seats than any other party in KP, yet was excluded from reserved seats, which were instead given to others.
The bench issued notices to the ECP and other respondents and adjourned the case until July 21.
