LAHORE: Lahore High Court (LHC) ordered Election Commission of Pakistan (ECP) to hold elections in province in 90 days. LHC Justice Jawad Hassan pronounced reserved verdict on plea filed by Pakistan Tehreek-e-Insaf seeking orders for Punjab Governor to immediately announce date for an election in province.

Justice Jawad Hassan accepted PTI’s petition and asked electoral body to stage polls within constitutional limit. Ccourt remarked that ECP is bound to conduct election in 90 days after dissolution of assembly. Court also instructed ECP to promptly declare date for election of provincial assembly with notification that specifies reasons behind decision after consulting with Governor of Punjab, who is province’s constitutional head.

On Jan 27, PTI approached LHC, seeking it order Punjab governor to immediately announce date of an election in province since assembly had been dissolved.  IGP Punjab Usman Anwar and Chief Secretary attended hearing and assured that they would implement decision of court.

Punjab’s top cop and bureaucrat assured the court that they will follow whatever the Election Commission of Pakistan (ECP) decides. The chief secretary also said that they would follow through on the court’s order.

Meanwhile, when the ECP’s lawyer, came to the rostrum, he said that the only issue before the court was who would give the date for the polls. He added that there was talk of a provision in the law allowing the ECP and the president to give a date for the elections.

The lawyer objected to that stance, saying the ECP and the president were not the parties in the case. “The court cannot issue orders to those who are not made the party in the case,” said the lawyer.

At this, the PTI’s lawyer Barrister Ali Zafar said that they made the Election Commission a party to the case by amending the petition. Upon hearing this, the ECP lawyer said that the president was yet to be made party to the case. “Your objection is that ECP is not a party [in the case],” asked Justice Hassan.

 The counsel told the court that the commission was not a party in giving a date for the elections. He also asked the LHC to show the law which states that the ECP is liable to give a date for the general election.“The court itself said that they do not want to issue a verdict which cannot be implemented,” reminded the ECP lawyer. He added that implementing Article 220 was not the electoral body’s job.

 "How my client can conduct the polls if it is not being provided with funds?" He also told the court that the ECP requires complete support from the federal government. “I have objections to the acceptance of this plea. In the law, election date can be delayed,” said the lawyer. He reiterated that there is no law which states that the ECP is bound to give a date for the elections.

Published in The Daily National Courier, February, 11 2023

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