Peshawar( Khyber Point)The Peshawar High Court has restrained the Election Commission of Pakistan (ECP) from taking any disciplinary action against Khyber Pakhtunkhwa Chief Minister Ali Amin Gandapur. The order came during a hearing on Gandapur’s petition challenging an ECP notice issued against him.
The case was heard by Justice Syed Arshad Ali and Justice Muhammad Faheem Wali. Representing the petitioner, Advocate Bashir Khan Wazir argued that the ECP served Gandapur a notice on September 2 regarding election expenses. He contended that under the law, such notices can only be issued within 90 days after elections. Beyond that period, he maintained, the ECP has no jurisdiction to proceed against any elected member, except through an election tribunal.
The counsel further pointed out that similar notices had been issued previously, raising concerns about the ECP exceeding its mandate.
During the proceedings, Justice Arshad Ali asked the ECP’s legal representative how the Commission could continue inquiries beyond the 90-day timeframe. In response, the ECP’s Deputy Director of Law cited a Supreme Court ruling, asserting that the Commission retains the authority to take action in cases involving corrupt practices without any time limitation.
After hearing both sides, the court stopped the ECP from moving forward with disciplinary action against Gandapur and issued a formal notice to the Commission. The court directed the ECP to submit its detailed reply within 14 days.
The ruling provides temporary relief to Chief Minister Gandapur while also setting the stage for a legal debate over the ECP’s powers and the scope of election-related accountability beyond the constitutionally defined timeline. The case is expected to have broader implications for how post-election scrutiny is conducted in Pakistan.
