PESHAWAR: The Peshawar High Court (PHC) suspended on Tuesday the suo moto call-up notice of the Election Commission of Pakistan’s (ECP) to Khyber-Pakhtunkhwa (K-P) Chief Minister Ali Amin Gandapur in an assets case.
A two-member bench, comprising Justice SM Attiq Shah and Justice Shakeel Ahmed gave the decision came while hearing the PTI leader’s appeal against the ECP’s notice.
The court issued a notice to ECP seeking a reply for issuing a summon notice to Ali Amin for an explanation of his previous years’ statements related to assets.
The counsels for the KP chief minister argued that the ECP overstepped its authority by seeking clarification on returns of 2022/23. They maintained that Gandapur had already provided asset details in returns for the year 2024 during nomination proceedings.
The petitioner’s counsel contended that it was no longer the authority of ECP to ask for the previous year’s assets’ details, adding that all the details were available on the website of the Election Commission.
The counsels stated that the returning officer reviewed the asset details extensively and the entire record was available on the ECP’s website.
The court suspended the ECP’s call-up notice and sought a reply from it at the next hearing, scheduled for May 22.
It is pertinent to mention here that the ECP had issued a notice to the KP CM to appear before the commission on April 30 and submit details of his last year’s assets.
The petition
Jamiat Ulema Islam (JUI) leader Muhammad Kafeel filed a petition with the ECP last month stating that Gandapur wrongfully claimed ownership of 735 kanal of land in the Kulachi tehsil of Dera Ismail Khan district.
According to Kafeel, the land, temporarily transferred to Gandapur, rightfully belongs to Asif Khan. Documents suggest Gandapur acknowledged his role as merely a titular owner, with Asif Khan being the true proprietor, Kafeel said in the petition.
Further controversy stems from the K-P CM’s 2020 financial declaration, in which he reported purchasing a Toyota Land Cruiser (YB-777) with proceeds from the disputed land sale. The petitioner argues that the act indicates a failure to meet the integrity standards required for his position as an MPA.
Complainant withdraws petition
Meanwhile, a separate bench comprising five members, led by the chief election commissioner disposed of the plea seeking Gandapur’s disqualification after the JUI leader withdrew it.
Ahmed withdrew his petition after Gandapur’s legal team informed the commission about the high court’s suspension of notice.
Member ECP Ikramullah Khan sought clarification on whether the high court’s action prevented the commission from reaching a final decision. In response, the CM’s lawyer confirmed that the high court had indeed stopped the ECP from taking any further action.
