Reserved seats: KP govt to challenge PHC ruling in Supreme Court

PESHAWAR: The Khyber Pakhtunkhwa government has decided to move the Supreme Court to challenge the Peshawar High Court’s (PHC) ruling regarding the oath of KP Assembly lawmakers elected on reserved seats.

“We will challenge Peshawar High Court’s verdict in the Supreme Court,” KP Law Minister Aftab Alam said in a statement, adding that senior lawyers Salman Akram Raja, Hamid Khan, and Faisal Siddiqui were included in the legal panel.

Alam said that a “writ petition” has been prepared which will be filed after two days. 

He clarified that the oath of members of the provincial assembly (MPAs) elected on reserved seats for minorities and women will not be administered until the top court’s verdict comes in on this matter.

Subsequently, the provincial government will hold consultations in a cabinet meeting today regarding the expected postponement of the Senate election.

The provincial law minister said that the government could also have approached the court over the expected delay in the Upper House poll, however, the the cabinet will make a final decision.

Pointing towards Pakistan Tehreek-e-Insaf (PTI) which merged with Sunni Ittehad Council (SIC) after the February nationwide polls, Alam termed it “injustice” to ignore a political party with highest number of seats during the allocation of reserved seats.

He alleged that injustice was done with the Imran-founded party on reserved seats issue just like unjust moves of stripping the PTI of its election symbol.

Yesterday, the Election Commission of Pakistan (ECP) signalled to postpone Senate election — which is scheduled to be held on April 2 — in Khyber Pakhtunkhwa amid ongoing issue regarding oath-taking of the lawmakers on reserved seats in the province.

The Chief Election Commissioner (CEC) issued the seven-page verdict on application regarding issuance of orders for administering of oaths to the lawmakers and suspension of the Senate poll till the administration of oaths to the extent of KP province.

“Therefore, in case of non compliance of directions and order issued under Article 218(3) read with Section 4(1) and Section 8(c) of the Act, the Commission may in addition to any other action may extend the time for completion of the Senate election to the extent of the province of Khyber Pakhtunkhwa till the administration of oath to members of the Provincial Assembly against the including the applicants,” the verdict read.

There is a deadlock between the KP government and opposition parties, wherein the former has objected to the KP governor's decision to summon the assembly session upon the opposition's request which delayed the oath administration of MPAs on reserved seats.