PESHAWAR
Peshawar High Court (PHC) has declared Election Commission (EC) notice against provincial minister Dr Amjid null and void besides sending the matter to Chief Election Commissioner (CEC) to constitute larger bench to hear the case.
Justice Syed Arshid Ali of PHC issued 10 pages written order in the case against election commission assets notice and proceedings.
The court while accepting Dr Amjid pleas declared EC notice null and void.
It has been said in the decision that as per revenue division and DC Swat details of assets of the petitioner are correct. EC gave this decision despite stay order.
EC sent the matter to speaker provincial assembly for disqualifying the petitioner . EC is not empowered to send reference to speaker provincial assembly for disqualifying the petitioner.
It was written in the decision neither election commission nor the court and tribunal have powers to disqualify any one this way. According to law speaker provincial assembly did correct thing by rejecting the reference.
Under section 137 of election act 2017 assembly members and senators are bound to file declaration of assets till December 31. If the members of assembly don’t file their declaration of assets till January 16 then election commission suspends membership of any member.
The decision said election commission while insulting the stay order by the court has issued order against the petitioner.
EC is a constitutional institution therefore, court stops itself from initiating contempt of court proceedings against it. Therefore, it sends the matter to CEC to hear this matter by constituting larger bench.
