The apex court has spoken, and it has decided that the Punjab elections will take place on May 14.
The three-person panel of the Supreme Court has ruled that the decision made by the ECP to postpone the provincial election is unconstitutional.
ISLAMABAD: On Tuesday, the Supreme Court branded the Election Commission of Pakistan’s decision to postpone the election in Punjab as “unconstitutional,” dealing a blow to the administration that had been attempting to do so by citing security concerns and the financial crisis.
The date for the provincial election in the province was also set by the three-member bench, which also included Justice Munib Akhtar and Justice Ijazul Ahsan under the leadership of Chief Justice of Pakistan Umar Ata Bandial.
Invoking the deteriorating security situation in the resource-constrained nation, the ECP postponed the provincial assembly election in the politically significant Punjab province by more than five months on March 22. PTI Chairman Imran Khan criticized the decision.
Imran has pushed for early elections ever since he was ousted in a no-confidence vote in parliament last April. Shahbaz Sharif, the prime minister, has rejected the request and maintained the later-this-year election date.
Elections for the two provincial assemblies and the national elections were to take place on the same day, according to the PDM government.
The judgement stated that the “impugned order dated 22.03.2023 made by the Election Commission of Pakistan is held to be illegal, without lawful authority or jurisdiction, void ab-initio, of no legal effect and is accordingly annulled.”
As stated in Article 224(2) of the Constitution, “Neither the Constitution nor the law permits the commission to prolong the date of elections beyond the 90-day period.”
The decision stated that elections in Punjab and Khyber Pakhtunkhwa “shall be transparent, unbiased, and in accordance with the law.”
Also, it mandated that the ECP receive Rs21 billion in funding from the federal government by April 10 and that it provide a report on the matter by April 11.
The judgment further said that, in the event that the money are not provided, the Supreme Court will give directions to the relevant authorities.
The top court’s ruling stated that “the Punjab government shall furnish a security plan to the Election Commission.” It further stated that a report on the electoral personnel should be submitted to the ECP by April 10 by the temporary government and chief secretary of Punjab.
The ruling also instructed the interim administration to support and supply resources to Punjab’s electoral body.
The Supreme Court recalled that the K-P governor’s attorney had withdrawn from the case “on account of a certain attitude adopted by a political party which [the] learned counsel was also representing” with regard to the elections in K-P.
As a result, it continued, “The Governor, K-P province, ceased to have representation before the court,” pointing out that the issue regarding the election in K-P had not yet been decided.
The petitioners are allowed to submit their petition and/or request their desired redress in whichever forum is judged acceptable.
A huge police presence was stationed at the main entrance of the apex court building, where there was tight security.
In accordance with the Supreme Court’s instructions, the Ministry of Defence earlier that day submitted a report through Attorney General of Pakistan (AGP) Mansoor Awan outlining the availability of security troops for election-related responsibilities.
The top court issued its ruling after reviewing the report, reinstating the prior schedule with modifications.
The top court mandated that nomination papers be accepted until April 10 and that the candidates’ list be made public by April 19.
The court additionally ruled that the new election date must be followed by free and fair elections.
The bench further stated that “additional problems were also raised during the proceedings” and made it clear that two judges were not qualified to hear the case.
Although Justices Jamal Khan Mandokhail and Aminuddin Khan, two of the original five justices, withdrew from hearing the case, the hearings in the case, which lasted more than a week, saw high drama. To continue with the PTI petition, the chief judge then assembled a bench consisting of himself, Justice Ahsan, and Justice Akhtar.
Earlier, the government asked for the creation of a full court to hear the matter in a statement delivered through AGP Awan. It further requested that the PTI plea be dismissed in light of what it perceived to be a “4-3” judgment made by the supreme court on March 1.
