ISLAMABAD: The federal government and the caretaker government of Punjab stated that the Supreme Court order to hold elections in Punjab on May 14 disregards and makes redundant the role of the Election Commission of Pakistan (ECP).
The federal government and the caretaker government of Punjab on Monday submitted their separate responses to the review petition of the ECP against the Supreme Court’s order dated April 4, 2023. Both the federal government and the Punjab government have requested the apex court to review its April 4 verdict.
A three-judge bench, headed by Chief Justice Umar Ata Bandial and comprising Justice Ijazul Ahsan and Justice Munib Akhtar, will take up the review petition of the ECP today (Tuesday). The bench on May 15 had issued notices to the respondents, the Attorney General for Pakistan and the Advocate Generals of the Punjab and Khyber-Pakhtunkhwa (KP).
The federal government reply states that the functioning of the Commission emanates from Part VIII of the Constitution, and Article 222 empowers, “No such law shall have the effect of taking away or abridging any of the powers of the Commissioner or the election Commission under this part.” Therefore, the powers of the constitutional body cannot be curtailed through legislation, it added.
The reply further states that the Commission is a constitutional body, which draws its unfettered power and authority directly from the Constitution itself and is not dependent on legislative embellishment, like other bodies.
“By proceeding to set a date of elections, the apex court has sought to exercise a power exclusively vesting in the Commission.” This Court has thus ventured into unchartered waters of conferring a power that has not been conferred on it either by the Constitution or under any law.
Moreover, the date of the announcement of the election has only been confined to the Punjab even though the dissolution of the assembly has also taken place in the KP as well. “The selective exercise and application of Article 224(2) renders the entire superstructure of the order as invalid and calls into question the appointment of a polls date by the Court.”
The reply states that the role of the Commission extends to all stages of the electoral system, including the preparation of electoral rolls and delimitation of constituencies. The constitutional duty of the ECP to organise, conduct, and make necessary arrangements for elections encompasses the various stages mentioned in Article 222 of the Constitution. It further contended that Section 58 of the Election Act, 2017 permits the Commission to make alterations in the elections programme or to issue a new programme.
In order to accomplish the constitutional mandate i.e. to organise and conduct election honestly, justly, fairly, and in accordance with the law, the Commission remains the sole judge of assessing the circumstances and the on-ground situation.
“Should the elections to the provincial assembly of the Punjab are held separately, the elected provincial government will be able to influence the outcome of the elections to the National Assembly. Punjab being the largest federating unit and has the highest number of seats in the NA will determine the fate of the future government in the Centre. The caretaker Punjab government also opposed snap elections in the province. The Supreme Court cannot give a date for holding elections on May 14, it said in its reply.
Announcing the May 14 date is a violation of the constitutional separation of powers, the province says. After the May 9 incident, the security situation in the province has changed, it claims, adding civil and military properties were damaged after the arrest of Imran Khan.
The response further said 554,000 security personnel will be required for the election in Punjab. If the elections are held right now, only 77,000 personnel are available, says the Punjab government.
Copyright Business Recorder, 2023
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