The Peshawar High Court (PHC) suspended on Tuesday the Election Commission of Pakistan's (ECP) call-up notice to Khyber-Pakhtunkhwa (K-P) Chief Minister Ali Amin Gandapur in an assets case.
The decision came as the court heard the PTI leader's appeal against the ECP's notice.
The petition was heard by a two-member bench consisting of Justice SM Atiq Shah and Justice Shakeel Ahmed. The chief minister's legal representatives 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 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.
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.
Read ECP summons K-P CM in assets case
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.
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