PHC Stays Appointments of Opposition Leaders in NA, Senate – Seeks Govt Reply

A division bench of the Peshawar High Court granted stay order to prevent the filling of opposition leader slots in the Parliament.

The directives were issued on Tuesday while the court was hearing pleas challenging disqualificaiton notificaitons of the Election Commission of Pakistan through which Opposition Leader in the National Assembly Omar Ayub and Senator Shibli Faraz were ousted in consequence of conviction in May 9 cases. The court has also sought a comprehensive response from Speaker of the National Assembly, the Chairperson of the Senate, and other respondents by August 15.

On August 5, the Election Commission of Pakistan (ECP) had disqualified Ayub and Faraz, along with other opposition MNAs and MPAs, following their convictions in three cases related to the May 9, 2023 riots.

Subsequently, on August 8, both leaders were removed from their posts via notifications issued by the NA and Senate secretariats. A two-member bench comprising Justice Syed Arshad Ali and Justice Dr Khurshid Iqbal heard petitions filed by both leaders against their de-notification by the Election Commission of Pakistan (ECP).

During the hearing, Barrister Gohar Ali Khan, representing the petitioners, argued that the ECP had disqualified the two leaders without receiving a reference from the NA speaker or Senate chairperson, terming it a constitutional overreach.

“ECP acted without authority, until a reference is sent by the speaker, it has no power to disqualify a member,” Gohar argued saying opposition leadership is a constitutional position and, under Assembly rules, cannot be removed through unilateral action by the ECP. Gohar cited a top court ruling to substantiate his argument that the ECP has nothing to do with once a candidate becomes an elected member.

Speaking to media persons outside the court, Barrister Gohar termed the current wave of disqualifications and punishments would not resolve political issues. “Everyone may have made mistakes, but the solution lies in dialogue, not disqualification,” he claimed.

“If the country’s largest party is sidelined, it poses serious risks to democracy.” Gohar also highlighted what he called discriminatory treatment of the PTI, stating that the ECP accepted the intra-party elections of other parties but rejected PTI’s, despite them being conducted in a more transparent manner. He further said that PTI, having won as many s 180 seats in the February 8 general elections, had now been reduced to 76 seats in the Assembly, alleging political victimisation.

Later, the bench adjourned hearing of the matter till August 15.