The Islamabad High Court on Tuesday suspended the Election Commission of Pakistan's (ECP) order in which it disqualified a Pakistan Tehreek-e-Insaf candidate for contesting polls for the seat of Dera Ismail Khan city mayor in the second phase of Khyber Pakhtunkhwa local government polls.

Umar Ali Gandapur, who is the brother of Federal Minister for Kashmir and Gilgit Baltistan Ali Amin Gandapur, had been barred from taking part in the local body polls for violating the code of conduct.

On February 3, the ECP directed the KP chief secretary and inspector general of police to ‘forcibly’ expel Ali Amin from DI Khan for repeated violations of the code of conduct.

As per ECP's code of conduct for the LG elections, public officeholders, including prime minister and the country’s president, are barred from visiting any constituency during polls and from unveiling any development scheme and from canvassing votes for any candidate or political party.

After the ECP's order of disqualification, the PTI contestant challenged the electoral commission's order in the high court wherein IHC Chief Justice Athar Minallah heard the case, while Barrister Ali Zafar and Advocate Asif Gujjar represented Umar in court.

Zafar maintained that ECP issued the order of disqualification without any procedure. An inquiry could be conducted against the PTI contestant followed by a fine of Rs50,000, said Barrister Zafar, adding if the contestant continued violating the code of conduct after paying the fine and the warning, only then should action be taken against them.

Neither an inquiry report was submitted in the commission against Umar nor a notice was issued to him prior to announcing his disqualification, said Barrister Zafar.

His brother was fined for violating the code of conduct, he added.

During the hearing of the case, ECP's 11-page order was read. The complaint was filed by JUI-F’s central leader Senator Kamran Murtaza seeking to disqualify Umar from the polls and stopping his brother Ali from influencing the election.

In its order, the ECP mentioned repeated violation of the code of conduct by the federal minister who participated in the election campaign for his brother, Umar.

It noted that Ali had addressed public meetings, corner meetings and public rallies and canvassed for the candidates belonging to his political party (PTI) in clear violation of the directives of the commission and its code of conduct.

“We have carefully examined the entire record and notices issued to the respondent [Ali Amin] as well as the order imposing penalty on him. The allegations against him in respect of violation of code of conduct are established from the available record as well as from the fact that order of imposition of penalty on December 9, 2021, was implemented without any protest and without availing remedy of appeal before this commission,” quoted the ECP order in a Dawn report.

The ECP bench, comprising Chief Election Commissioner Sikandar Sultan Raja and members Nisar Ahmed Durrani and Shah Mohammad Jatoi, ruled that Ali had clearly violated the directives and the code of conduct issued prior to the election, in which his brother Umar was a contesting candidate. This led to the commission fining Ali, according to the report.

“Ali Amin till date has not denied the allegation of his participation in the election campaigns and addressing the rallies, public gatherings and announcing development schemes in violation of Section 181 of the Elections Act 2017,” it said.

At this Justice Minallah wondered how Umar was made a respondent in the case without issuing a notice to him.

In response Advocate Asif Gujjar said the proceedings continued against Ali and the order was issued against his brother and PTI contestant for the mayor seat.

The court then suspended ECP's order of disqualification against Umar, issued notices to the respondents in the case and remarked that the commission's order against Ali would remain active.

The hearing of the case was adjourned till February 11.