PHC bars ECP from action against KP CM Gandapur

A divisional bench of the Peshawar High Court Wednesday suspended operation of the Election Commission of Pakistan notice through which the Commission has summoned Khyber Pakhtunkhwa Chief Minister Ali Amin Gandapur in assets case.
Taking up writ petition of Chief Minister (CM) Gandapur, a two-member bench of the Peshawar High Court (PHC) comprising Justice SM Attique Shah and Justice Muhammad Faheem Wali suspended operation of the notice after brief hearing of the case till next date of hearing.
Appearing before the bench on Wednesday, counsel for petitioner apprised the court saying earlier the PHC has suspended operation of the Election Commission of Pakistan (ECP) notice of the same nature.
To which, member of the bench Justice SM Attique Shah observed how a notice was re-issued after the court had already suspended operation of it. He further said in remarks that the petitioner’s counsel should have invoked jurisdiction through filing contempt of court petition against the ECP for their actions.
Appearing before the bench, counsel for Gandapur, advocate Syed Sikandar Hayat Shah argued saying the ECP had initially issued a notice concerning Gandapur assets in April of the previous year, which was subsequently suspended by the Peshawar High Court, halting any further action by the Commission.
Advocate Shah further contended the Commission issued another notice regarding his client’s assets on November 20, 2024, and resumed proceedings against him.
He pointed out that during the general election, Gandapur had provided details of his assets in his declaration forms to the relevant Returning Officer and other officials, after which he was declared eligible to contest the election from PK-113. It was further noted that following his victory, the election commission had issued a gazetted notification declaring his victory. Challenging legality of the Commission summon, advocate Shah contended that after formation of election tribunals and issuance of the gazette notification, the Commission no longer held authority to adjudicate cases relating to elections. It is pertinent to mention here that the ECP had issued a notice to Gandapur asking him to submit details of his assets in 2023. Consequently, he invoked writ jurisdiction of the PHC assailing the notice. TLTP