Punjab, KP assemblies: SC urged to direct ECP, governors to announce dates for elections

ISLAMABAD: The Supreme Court has been urged to direct the Election Commission of Pakistan (ECP) and the governors of Punjab and Khyber-Pakhtunkhwa to immediately announce the date of election for the provincial assemblies of Punjab and KPK.

The Islamabad High Court Bar Association (IHCBA), on Thursday, filed a constitutional petition through its President Muhammad Shoaib Shaheen and cited the ECP, governors Punjab and KPK, federal secretary Ministry of Interior, and the chief secretaries of Punjab and the KPK as respondents.

The Punjab Assembly was dissolved on 12-01-23, while the KPK Assembly was dissolved on 18-01-23. Shoaib Shaheen submitted that the Constitution has made it clear that the general elections are to be held within 90 days if the assembly is dissolved.

The IHCBA president stated that the respondents were duty-bound to hold general elections within 90 days of the dissolution of the Assembly. Hence, the inaction of the respondents in this regard was unconstitutional.

The respondents, due to their slackness have undermined the principle of good-governance, the Constitution and the State. Thereby, the impugned inactions of the respondents are liable to be put in check with a stern reminder to the respondents by this august Court about their Constitutional duties.

That Article 224(2) and Article 105 (3) (a) of the Constitution make it clear that the elections must be held within 90 days and the failure on part of the respondents in undermining and jeopardizing the whole scheme of the Constitution regarding the conduct of free and fair elections after the dissolution of an Assembly.

The impugned inactions of the respondents are having a trickle-down effect of inefficiency, delay and loss on the whole system, which amounts to an unconstitutional act by the respondents.

The petitioner said that the ECP is legally and constitutionally responsible to organise the arrangements and hold free and fair elections and perform its constitutional duties as mandated by Article 218(3) and under the Elections Act, 2017, which directs the ECP to organise and make such arrangements as necessary for the conduct of free and fair elections.

As per section 57 (2) of the Election Act 2017, the ECP has to announce the Election Program within seven days of the announcement of the election date and 54 days will be required for the completion of all activities for the elections.

He said the failure on part of the respondents, no1 to 3, may result in haphazardous elections due to the ECP not having enough time to make adequate arrangements for the smooth running of the elections, which is the most important aspect of the whole democratic process.

The date of the election for the provincial assemblies cannot be left open because not only would it be in violation of the Constitution and amount to its subversion but it would also be against the basic principles of democracy and contrary to the fundamental rights of the people of Pakistan and contrary to Article 2-A and the preamble of the Constitution.

Copyright Business Recorder, 2023