PESHAWAR, Oct 23, 2025: The Peshawar High Court (PHC) has referred a petition challenging the upcoming by-election in National Assembly constituency NA-1 Chitral to the Chief Justice for the formation of a larger bench to decide the constitutional questions involved.
The case was heard on Thursday by a two-member bench comprising Justice Syed Arshad Ali and Justice Waqar Ahmad. During the hearing, Justice Arshad Ali questioned the urgency shown by the Election Commission of Pakistan (ECP) in holding the by-election while the case of former MNA Abdul Latif is still pending before the courts.
Justice Arshad remarked, “What is the urgency in conducting elections when Abdul Latif’s appeal remains under consideration? If his conviction is later overturned, what consequences will follow? This is a significant constitutional matter that must be examined by a larger bench.”
Advocate Muazzam Butt, representing petitioner Abdul Latif, informed the court that his client’s appeal is currently being heard in the Islamabad High Court and is expected to be fixed for hearing within the next fifteen days. He argued that since the appeal is pending and his client has already surrendered to the law, the by-election should be suspended until a final decision is reached.
The counsel for the ECP, however, urged the court to vacate the stay order on the by-election, pointing out that the court had earlier suspended the election process. He maintained that under the Constitution, elections must be held within sixty days of a seat becoming vacant.
Additional Attorney General Sanaullah echoed this argument, emphasizing that the constitutional timeline must be adhered to.
Justice Arshad Ali observed that the situation presented a constitutional dilemma, stating, “If elections are conducted and the conviction is subsequently set aside, what then becomes of the newly elected representative? The Constitution remains silent on this aspect.”
Deputy Director Law of the ECP, Khurram Shehzad, reiterated that the Constitution envisions a complete National Assembly and does not permit prolonged vacancies that leave constituencies unrepresented.
Advocate Mohibullah Tareechvi, appearing as an intervenor from Chitral, contended that delaying the election would deprive the people of Chitral of representation in Parliament, adversely affecting ongoing and future development projects.
He further warned that excessive delay could push polling into the snow season, making it difficult for voters to reach polling stations.
Concluding the hearing, Justice Arshad Ali noted that the issue required constitutional clarity and direction from a larger forum. The bench, therefore, ordered that the matter be referred to the Chief Justice for the constitution of a larger bench to adjudicate the petition.–Express Tribune
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