SC issues notices to ECP, federation over delay in Punjab elections n Chief Justice Umar Ata Bandial says political situation in country is very tense, has become toxic n Urges all political parties to restore calm and peace for free and fair polls n Justice Munib says ECP’s decision has become an obstruction in orders of top court. ISLAMABAD - The Supreme Court of Pakistan Monday issued notices to the Election Commission of Pakistan (ECP) and the federation regarding the delay in the elections of the Punjab Assembly and questioned under which law the ECP could announce the date. A five-member bench of the apex court headed by Chief Justice Umar Ata Bandial, and comprising Justice Ijaz ul Ahsan, Justice Munib Akhtar, Justice Amin-ud-Din Khan, and Justice Jamal Khan Mandokhail conducted hearing of the Pakistan Tehreek-e-Insaf (PTI) petition to set aside the ECP order dated 22-03-23 to delay the Punjab elections.
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During the hearing, the Chief Justice questioned that if the ECP could set aside the poll date given by the president, noting that there was no past order from the SC regarding the matter. “We have several examples in our history where the date for elections has been extended,” he pointed out, recalling that elections were also delayed after the death of Benazir Bhutto and the decision was accepted on a national level. “Elections were also delayed in 1988 when the system of government changed,” he said, adding that no one had challenged the matter of extending the date for polls so far. The CJP said the Commission is body to hold elections in free and fair manner, but here they may have gone a little off track, but it can be brought back.” He further stated that “Article 254 of the Constitution could not condone the wrongdoing which is referred by the ECP”.
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Justice Munib said that the ECP’s decision has become “an obstruction in the orders of the SC”. “Only the Supreme Court can decide better whether the orders were violated or not,” he observed. Chief Justice Bandial said that the court needed assurance that the elections are held in conducive and transparent manner. He noted that the political situation in the country is very tense and has become intolerant and toxic. There is animosity, hostility and the bitterness among the political parties. He asked all the political parties to give assurance to holding free and fair elections, adding that “political parties should restore calm and peace.” “We cannot interpret the Constitution in a vacuum,” remarked the CJP.
CJP Bandial stated that elections are important for democracy but these can be held in conducive environment. The chief justice also noted that “there is a viewpoint that elections should be held in the country only when there is peace and order, elections should be free, transparent and fearless.”
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“What are our politicians doing for stability in the country? This is a very disturbing situation”, remarked Justice Bandial.
Justice Mandokhail questioned that what the petitioners want from the apex court, adding; “Why they have not approached high court for the implementation of order.” He also asked “where is order of the court in suo motu case regarding announcement of date to hold elections”. Justice Ijaz said that earlier the ECP’s stance was that it cannot give date for the elections but had now gone ahead and given a new date for elections. “Is this not a contradiction in its position?” he asked.
Justice Munib referring the 1st March order stated that the judgement was signed by all the five judges. “Don’t be mistaken that the SC had issued two judgements. “A dissenting note is very common,” he added.
At the outset, Barrister Ali Zafar, representing the petitioners argued that the ECP on March 8 had issued the schedule for elections in Punjab, whereas the KP governor did not announce a date for the polls.” He contended that the Commission had thrice committed violations, explaining that the ECP had rejected the election schedule announced by the president.
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The counsel said the electoral body has now delayed the elections till October 8, arguing that “it does not have the authority to give a new date for the polls”. “The election commission has violated the 90-day period [for announcing the date of elections]. As per the Constitution, the ECP does not have the right to change the date [for polls] or extend the date beyond 90-day deadline,” he said, and added that the ECP “overlooked” the court’s orders. Speakers Punjab and the Khyber Pakhtunkhwa, Pakistan Tehreek-e-Isaf and the PTI Secretary General Asad Umar on Saturday had filed the petition, and asked the apex court to declare the Election Commission of Pakistan (ECP) order dated 22-03-23 illegal, unconstitutional, void ab initio and set aside.