ISLAMABAD: The Supreme Court has been requested to direct the Election Commission of Pakistan (ECP) and the chief secretaries of Punjab and Khyber Pakhtunkhwa to immediately announce the date for elections in the two provinces.
The petitioners, who include the speakers and some members of the dissolved Punjab and the KP assemblies, on Monday filed a constitutional petition under Article 184(3) of the Constitution through Barrister Ali Zafar and cited the ECP, the federation through secretaries of the Ministry of Parliamentary Affairs, the Ministry of Law and Justice, President of Pakistan, chief secretaries and governors of Punjab and KP as respondents.
They submitted that the ECP and the governors of Punjab and KP have failed to discharge their constitutional obligations and appoint date(s) of election(s). However, despite the Lahore High Court directives, no date of election has been announced.
The petitioners pointed out that the Punjab governor has filed an Intra Court Appeal against the single bench judgment dated 10.02.2023. The appeal is limited to the point of Punjab governor being consulted by the ECP in the process of appointing a date for the election. Even if that appeal were to succeed, it would still not detract from the Constitutional duty of the ECP to appoint a date. Hence, that Intra Court Appeal cannot be cited as an excuse to justify the failure/ refusal to appoint a date of election.
On 07.02.2023, a writ petition was filed before the Peshawar High Court (PHC) against the inaction of KP governor in appointing a date of election. The said petition is still pending before the PHC.
The petitioners submitted that a Division Bench of the Supreme Court on 16/02/2023 had referred the matter to Chief Justice of Pakistan for taking suo moto action regarding the elections in the Punjab and the KP.
They submitted that as of 16.02.2023, 34 days have passed since the dissolution of Punjab Assembly and 30 days have been passed since the dissolution KPK Assembly but there is no sign of announcement of date(s) of election(s).
They stated that the respondents are depriving their fundamental right guaranteed under Article 17 of the Constitution. Unless the date(s) of the election(s) is/ are announced, the exercise of this right will be frustrated.
As per section 57 (2) of the Elections Act, the ECP has to announce the election program within seven days of the announcement of the election date. Fifty-four days will be required for the completion of all activities for the elections under section 57 (2) of the Election Act.
Any further delay in appointing the date(s) of election(s) will result in failure to comply with the said requirements of the Elections Act and to organise the election within the stipulated period of 90 days.
Copyright Business Recorder, 2023
Comments
Comments are closed.