ISLAMABAD: Supreme Court (SC) served notices to respondents for March 28, in petition challenging notification of Election Commission of Pakistan (ECP) for delaying elections in Khyber Pakhtunkhwa and Punjab provinces. Top court had served notices to federation, ECP, governors and governments of KPK and Punjab in case. Five-member bench headed by Chief Justice of Pakistan Justice Umar Ata Bandial heard case filed by Pakistan Tehreek e Insaf against postponement of elections’ schedule in two provinces.

Chief Justice questioned that whether ECP could undo election date announced by President of Pakistan, adding that there was no judgment of top court regarding relevant matter. CJP observed that there were several precedents in history to extend election dates, adding that it were delayed after assassination of Benazir Bhutto but this decision was accepted nationally. He remarked that elections was matter related to fundamental rights of citizens of provinces. Several key issues including implementation of court decision were also part of case, he said.

He said that elections were delayed in 1988 due to change in government system. It had to be viewed that whether there was any Article in Constitution regarding period of an acting government. Whether support of Article 254 of Constitution could be taken by ECP in this matter as this couldn’t change period of an acting government, he asked. Chief Justice said that Article 254 didn’t allow for violation of Constitution. Justice Ijaz ul Ahsan remarked that ECP had adopted stance that it couldn’t fix polling date but now it had given new date for this. Is it not contradiction in stance of ECP, he asked.

PTI’s lawyer Barrister Ali Zafar adopted stance that ECP had refused to accept decision of President and issued new elections schedule. He claimed that ECP had violated decisions of top court three times. He prayed court to ensure implementation of its orders regarding elections in provinces. Justice Jamal Khan Mandokhail said that it was responsibility of high court to ensure implementation on verdict. He asked that whether date announced by President was within 90 days of dissolution of assemblies. Barrister Ali Zafar said that elections would never be held if excuse of shortage of funds was accepted. He said that one high court couldn’t hear this case as it was related to two provinces.

Justice Munib Akhtar observed that remarked that only top court could determine whether its orders were violated or not. Barrister Ali Zafar said that ECP had no authority to give new elections schedule as per Constitution. He said that ECP had also ignored decision of top court in delaying polls. He said that Constitution didn’t allow to give elections date while exceeding 90 days. Court adjourned hearing of case till today while serving notices to respondents.

Published in The Daily National Courier, March, 28 2023

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