ISLAMABAD: The Supreme Court, declaring the order of the Election Commission of Pakistan (ECP) unconstitutional, without lawful authority or jurisdiction, void ab-initio, and of no legal effect, ordered to hold the Punjab provincial assembly election on May 14.
Regarding the general election to the KPK Assembly, the order said the governor KPK counsel withdrew from such appearance on account of a certain stand taken by a political party to which he was also representing.
The governor, KPK province, therefore, ceased to have representation before the Court. In such circumstances, the matter relating to the KPK province is not adjudicated upon, with permission granted to the petitioners to file such petition and/or seek such relief before such forum as is deemed appropriate.
ECP’s decision to postpone Punjab polls ‘taken in haste’: Chief Justice
A three-judge bench, headed by Chief Justice Umar Ata Bandial, and comprising Justice Ijazul Ahsan and Justice Munib Akhtar, on Tuesday, announced its reserved judgment on the Speakers Punjab and KPK and the Pakistan Tehreek-e-Insaf (PTI)’s petitions.
“Neither the Constitution nor the law empowers the Commission to extend the date of elections beyond the 90 days period as provided in Article 224(2) of the Constitution,” said the order.
The order further said that the Election Programme notified by the Commission for the general election to the Punjab Assembly stands revived and restored immediately with certain modifications. Therefore, the last date for filing appeals against the decision of the returning officer rejecting/accepting the nomination papers is 10.04.2023. The last date for deciding appeals by the Appellate Tribunal is 17.04.2023. Publication of revised list of candidates 18.04.2023.
The last date for withdrawal of candidature and publication of the revised list of candidates is 19.04.2023. The allotment of election symbol to contesting candidates 20.04.2023, and the polling day is 14-05-23. The polling day perforce must be shifted and moved forward from 30.04.2023 to 14.05.2023.
The order said that the federal government shall forthwith and in any case by 10.04.2023 release and provide to the Commission funds i.e. Rs21 billion for the general elections to the Punjab and Khyber-Pakhtunkhwa assemblies.
The Commission shall, by 11.04.2023, file a report in the court stating whether the said funds have been provided and received and if so, whether in full or in part. The report shall be placed before the members of the Bench for consideration in Chambers. If the funds have not been provided or there is a shortfall, as the case may be, the Court may make such orders and give such directions as are deemed appropriate to such person or authority as necessary in this regard.
The Commission shall be entitled to utilize the funds in the first instance for the purposes of the general election to the Punjab Assembly. If there is thereafter a shortfall for purposes of the general election to the KPK Assembly, the Commission may make an appropriate representation to this Court for such consideration and orders as deemed appropriate.
The Punjab caretaker cabinet and, in particular, the Chief Secretary and the Inspector General Police of that Province must forthwith, and not later than 10.04.2023, provide a plan acceptable to the Commission for, inter alia, providing sufficient personnel for election-duty and security purposes for the holding of the general election.
Furthermore, and in any case, the Punjab government and all officials thereof must, in discharge of constitutional and legal duties and responsibilities, proactively provide all aid and assistance to the Commission for the holding and conduct of the general election.
Copyright Business Recorder, 2023
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