SC urged to set aside ECP’s notification

ISLAMABAD: The Supreme Court has been urged to declare the Election Commission of Pakistan’s order dated 22.03.23 illegal, unconstitutional, void ab initio and set aside.

The Speakers Punjab and the Khyber-Pakhtunkhwa, Pakistan Tehreek-e-Insaf and the PTI Secretary General Asad Umar, on Saturday, filed a petition under Article 184(3) of the Constitution, saying the ECP does not have the authority to set a date arbitrarily and at their discretion, exceeding the time limit of 90 days mentioned in the Constitution, especially six months into the future.

The ECP on 22.03.2023 in exercise of power under Article 218(3) of the Constitution decided to withdraw the election program and changed the date for holding elections of Punjab Assembly from 30th April to 8th October beyond the period of 90 days.

The Supreme Court on 01-03-23 gave comprehensive direction that elections will be held not later than 90 days. However, it also held that “If such a course is not available, then the Election Commission shall in like manner propose a date for the holding of the poll that deviates to the barest minimum from the aforesaid deadline”.

The Constitution does not allow or permit that elections to an Assembly can be delayed beyond the mandatory period of 90 days on the basis of financial constraints or a perceived law and order situation or lack of availability of adequate personnel.

The reasons given by ECP relating to the financial constraints and security situation of the country and non-availability of adequate personnel are not valid because there is no assurance that the financial and security situation of the country will improve by the arbitrary date of 08.10.2023.

The petitioners further prayed the Court to direct the ECP to hold the elections to the Provincial Assembly of Punjab on the 30th April 2023, which was announced and decided by the President DrArifAlvi in pursuance of the Supreme Court judgement dated 01.03.2023.

It also asked the Court to direct the federal government and the caretaker governments of Punjab and KP to provide the ECP funds, security, personnel and maintenance of law and order. Asked the KP governor to fix the date of elections to the KP Assembly.

The petition said that the ECP has no jurisdiction or power to amend the Constitution and decide to hold the elections to the Provincial Assembly of Punjab or to any other assembly beyond the period of 90 days (from the date of dissolution of Assembly). The ECP’s impugned order dated 22.03.2023 and delaying date for elections of the Punjab Assembly to 08.10.2023 is a violation of the Constitution and tantamount to amending and subverting it.

The ECP is a body which is bound to obey and implement the judgements of the Supreme Court of Pakistan and has no power or jurisdiction to overrule or review the same. The said that by announcing the elections date, itself the ECP has delayed the Punjab Assembly’s elections for more than 183 days, which is beyond the limitation of 90 days by giving flimsy excuses which have no relevance or basis in the Constitution

The ECP not only acted in violation of the Constitution but has also refused to follow, and deliberately disobeyed it, and in fact reviewed and overruled the Supreme Court judgement dated 01.03.2023.

Under the Constitution there is no provision in which an unelected and selected caretaker government can continue to operate for more than a period of 90 days. It is beyond the scope and ambit of the Constitution to allow an unrepresented Government to continue to govern the people of the Punjab and Khyber-Pakhtunkhwa.

“By extending the date of election to the Provincial Assembly beyond 90 days, a vacuum has been created by ECP in which there will be no elected government in place. Alternatively, by extending the date, ECP has also unconstitutionally extended the life of a caretaker government,” said the petition.

Copyright Business Recorder, 2023