The Supreme Court (SC) dismissed on Thursday the Election Commission of Pakistan’s (ECP) plea seeking review of the SC’s order of holding elections for the Punjab Assembly on May 14.
A three-member SC bench comprising Chief Justice of Pakistan Umar Ata Bandial, Justice Ijazul Ahsan and Justice Muneeb Akhtar resumed hearing the case. During the hearing, ECP lawyer Sajeel Swati sought one week’s time from the court for preparation in the case.
He said he required time to prepare additional grounds in the case, adding that the most important question was regarding the power to give a date for elections.
On April 4, the SC said ECP’s decision to postpone polls in Punjab till October 8 is unconstitutional and ordered the elections to be held on May 14.
The SC had directed the government to release Rs21 billion for the elections in Punjab and Khyber Pakhtunkhwa and provide a security plan to the ECP regarding the polls. Moreover, the court had instructed relevant authorities to keep it in the loop.
Following the SC’s ruling, the ECP had filed a petition before the court, saying that the judiciary “does not have the authority to give the date of elections”.
ECP files petition in SC seeking review of order on Punjab polls
It said that the superior court in Pakistan had been granted a special power by the Constitution to judicially review actions and decisions taken by public bodies, but never substitute their own decision in lieu of the public bodies.
Once the SC began hearing the ECP’s petition, it clubbed the ECP’s petition and Supreme Court (Review of Judgments and Orders) Act 2023.
On August 11, the SC struck down the act, which was aimed at giving right of appeal under Article 184 of the constitution – a right which was not available in the past.
Elections may take place before February 2024
On Wednesday, ECP informed representatives of the Awami National Party (ANP) that elections could possibly take place before February 2024 if delimitations are completed earlier than anticipated.
In a consultative meeting with the ECP, the ANP requested a schedule and date of elections if it was not possible to hold the election within 90 days.
After the meeting, Mian Iftikhar spoke with reporters and conveyed that the ECP expressed its readiness for elections in mid-February and its determination to expedite constituency delimitation to potentially allow elections sooner.