The Islamabad High Court (IHC) on Friday partially allowed a petition filed by PTI's Umar Amin Gandapur, setting aside his disqualification by the Election Commission of Pakistan (ECP) as the mayoral candidate for Dera Ismail Khan, while upholding the commission's decision to restrain his brother, federal minister Ali Amin Gandapur, from participating in the election campaign in the district.
The ECP had disqualified Umar from contesting the local body election, scheduled to take place next week, over repeated violations of the election code of conduct despite warnings. It had also barred Ali, federal federal minister for Kashmir Affairs and Gilgit-Baltistan, from addressing any gathering or taking part in any political activity in the district in the run-up to the election.
However, the IHC had suspended the ECP's decision on Umar's disqualification just a day later, after Umar had filed the petition.
Today, IHC Chief Justice Athar Minallah issued a short written order on the matter, setting aside Umar's disqualification.
"For reasons to be recorded later, the petition is partially allowed to the extent of the disqualification of Umer Amin Khan Gandapur from contesting the election to the office of mayor, Dera Ismail Khan. The disqualification is, therefore, set aside," the order read.
But the IHC upheld part of the ECP decision which concerned barring Ali Amin Gandapur from participating in the election campaign.
"However, the petition is dismissed to the extent of paragraph 15(a) of the impugned judgment, dated 07-02-2022, whereby order has been passed against Mr Ali Amin Khan Gandapur," the IHC's written order said.
Earlier the court heard arguments from the parties, during which it asked the ECP's lawyer to clarify whether the commission had taken the decision to disqualify Umar over a federal minister campaigning for him.
The lawyer told the court that the objection was over the federal minister, Ali, who had also been fined in connection with the case.
"If the federal minister was fined, why was the candidate (Umar) disqualified?" the court questioned.
The court also asked for the ECP's order fining Ali to be presented and observed that in light of the information shared by the lawyer, Umar should not have been disqualified.
The IHC chief justice also asked the ECP's lawyer whether any notice had been issued to a political party in connection with the matter.
"Show the record if you have taken action against any political party," the court stated.
Announcing its verdict on the matter, the court declared the ECP's decision to disqualify Umar "illegal", stating that it would be considered annulled.
In a separate petition, the IHC upheld the ECP's decisions to disqualify the PTI candidate contesting election from Bakakhel.
In January, the ECP had taken notice of repeated violations of code of conduct by Ali and summoned him on February 1 to explain his position.
It had noted that on December 5, the minister had violated the election code by participating in a campaign and announcing development schemes in the area.
Later, the ECP had slapped a fine of Rs50,000 on Ali. On Dec 15, the PTI lawmaker had again addressed a public rally in Dera Ismail Khan.
On February 3, the ECP had directed the Khyber Pakhtunkhwa chief secretary and inspector general of police to ‘forcibly’ expel the minister from the district following his repeated violations of the code of conduct announced by the commission for the local government elections in the province.
It had eventually barred Ali from participating in election activities on February 7 and disqualified Umar from contesting the election.
