The Balochistan High Court has dismissed the petition filed against the election of Awami National Party (ANP) leader Aimal Wali Khan as a Senator, declaring the application non-maintainable. In its judgment, the two-member bench affirmed Aimal Wali Khan’s success as completely constitutional and legal.
The bench, comprising Justice Muhammad Kamran Mulakhail and Justice Gul Hasan Tareen, ruled that Aimal Wali Khan’s nomination and election adhered strictly to all constitutional and legal requirements. The court’s decision highlighted several key points:
- Aimal Wali Khan’s National Identity Card (NIC) was issued with a Balochistan address.
- His name was present in the voters list for the Quetta constituency.
- The Election Commission had issued a certificate of his voter registration on March 15, 2024.
The court noted that the petitioner failed to present any concrete evidence to prove that the voter registration was illegal, stating that under Sections 26 and 27 of the Election Act 2017, the address and voter list entry are sufficient.
The Election Commission of Pakistan (ECP) had contended in court that after the electoral process is complete, any objections can only be raised before an Election Tribunal, which holds the exclusive jurisdiction over electoral disputes.
The Balochistan High Court concurred, stating that election results cannot be challenged via a constitutional petition. It further ruled that Aimal Wali Khan meets the requirements of Article 62 of the Constitution, and his nomination papers were duly accepted under Section 110 of the Election Act after proper scrutiny. This ruling solidifies Aimal Wali Khan’s position in the Senate.
