Summary PTI candidate Dr Imran Khattak had filed petition against re-polling order by PHC.
ISLAMABAD (Web Desk) - Supreme Court has issued notices to Election Commission of Pakistan and rival candidate on the petition filed by Dr Imran Khattak, PTI candidate in NA-5 against the suo motu notice taken by Peshawar High Court and re-polling in this constituency.
The court also rejected the plea taken by Athar Minullah for continuation of electoral process and non staying the publication of notification of election remarking that it cannot give decision without hearing the rival candidate.
This observation was given by a 2-member bench of SC headed by Justice Khilji Arif Hussain during the course of hearing of the case Tuesday.
Athar Minullah, counsel for the petitioner argued that Peshawar High Court (PHC) was not authorized to take suo motu notice.
Justice Ejaz Chaudhry remarked “had high court not taken notice then what would have happened. You have mobile courts operating around you. You would have contacted any mobile court and got decision”.
Justice Khilji Arif Hussain remarked that women were not allowed to exercise their right to vote. What will be greater injustice than this?
Athar Minullah said that there were certain areas where norms of veiling are adhered to strictly. 38910 votes were cast in the constituency of Upper Dir and only one woman cast the vote. What powers have been delegated to high court under article 199 are not equivalent to article 184 (3), therefore, it should not have taken notice.
The court remarked that any decision would be given after hearing the rival candidate.
The hearing of the case was adjourned till September 10.
