The case was heard by a two-judge bench comprising Justice Khilji Arif Hussain and Justice Ejaz Ahmed Chaudhry.
During the course of proceeding, Athar Minallah, counsel for the appellant argued that the Peshawar High Court took suo-moto over a complaint that women were not allowed to take part in the by-elections in NA-5.
He continued that under the Article 184(3) and 199, high court does not have jurisdiction to take suo-moto on the issue.
Minallah maintained that if an aggrieved or complainant would have filed a petition regarding the barring of women from casting votes then the court might take notice on the issue.
He argued that no one was aggrieved in the constituency then the high court should not have stopped the whole election process and the results should be announced.
Giving example of NA-32, he stated that elections were not barred in NA-32 Upper Dir where only one woman casted vote even then no suo-moto was taken then why it was taken in NA-5.
The bench issued notices to the respondents and adjourned further hearing till September 10.