Balochistan High Court Refers Pashtunkhwa MAP Intra-Party Election Dispute Back to ECP
QUETTA: The Balochistan High Court has referred the dispute concerning the intra-party elections, constitutional amendments and electoral symbol of the Pashtunkhwa Milli Awami Party (PkMAP) back to the Election Commission of Pakistan (ECP), directing the commission to give the party a fair opportunity to respond to objections against its amended constitution before making a decision in accordance with the law.
A two-member bench comprising Chief Justice Muhammad Kamran Khan Malakhail and Justice Muhammad Najmuddin Mengal issued the detailed written judgment on Constitutional Petition No. 1165/2026, filed by PkMAP Central General Secretary Abdul Rahim Ziaratwal against the ECP’s show-cause notice and its decision regarding an extension for holding intra-party elections.
In its eight-page judgment, the court observed that the decision to grant or refuse further time for intra-party elections fell within the ECP’s statutory authority and discretion, and that the High Court would not interfere in the matter.
The court also noted that, in the absence of a final order suspending the party’s electoral symbol, the petition was technically premature. It disposed of the petition with directions to the commission.
The petition challenged the ECP’s decision of July 2, 2026, rejecting the party’s request for a 180-day extension to hold intra-party elections. It also sought the annulment of a show-cause notice issued on July 8 under the Elections Act, 2017, and requested the court to restrain the commission from taking any punitive action concerning the party’s electoral symbol.
Counsel for the petitioner, Habibullah Nasir, Barkhurdar and Asad Khan Achakzai, argued that the party’s previous intra-party elections had been held on December 21, 2022, and the three-year term of its office-bearers expired on December 21, 2025.
They submitted that the party had subsequently approved amendments to its constitution, extending the tenure of office-bearers from three to five years. The amended document was submitted to the ECP for approval on April 30, 2026, but remained pending.
The petitioner’s counsel maintained that issuing a show-cause notice while the amended constitution was awaiting a decision was unlawful.
Opposing the petition, ECP counsel Khurram Shehzad argued that the case was premature because the commission had not yet issued a final adverse decision.
He told the court that the party had already been granted 180 days to conduct its intra-party elections, with the extended period expiring on June 19, 2026, but had failed to hold the elections.
According to the ECP’s counsel, the commission had also raised objections to the proposed constitutional amendments on July 21, 2026, stating that they were inconsistent with Article 17(2) of the Constitution and the Elections Act. The party had not submitted a response to those objections, he argued.
During the hearing, Abdul Rahim Ziaratwal appeared before the court and stated that the party was prepared to provide satisfactory answers to all the commission’s objections if given an opportunity. He also said that the party was ready to conduct elections immediately under its existing constitution if the ECP did not approve the amendments.
The High Court held that the principles of natural justice required the commission to examine the objections to the amended constitution and allow the party a reasonable opportunity to present its position before taking any final action affecting its status or electoral symbol.
The court directed the ECP to reconsider the matter concerning the amended constitution in accordance with the law and provide the party with a fair opportunity to submit a written response to the objections.
It further clarified that the decision on whether to grant additional time for intra-party elections would remain within the commission’s jurisdiction.
After completing this process, the ECP would be at liberty to take further legal action under the Elections Act, 2017.
