ISLAMABAD (Agencies): The Supreme Court Tuesday quashed the election regulator decision to postpone polls in Punjab province to October 08 and fixed May 14 as the date for polls in the province.
The landmark ruling comes after days of hearings in the Supreme Court in response to a plea of ex-premier Imran Khan’s Pakistan Tehreek-e-Insaf (PTI) party over the Election Commission of Pakistan (ECP) decision last month to postpone elections in Punjab from April 30 to October 08.
Announcing a six-page short order in response to the petition on Tuesday, a 3-member bench led by Chief Justice of Pakistan Justice Umar Ata Bandial, comprising Justice Munib Akhtar and Justice Ijazul Ahsan directed the federal govt to issue funds for polls. The bench said in its short order, “The impugned order dated 22.03.2023 made by the ECP is declared to be unconstitutional, without lawful authority or jurisdiction, void ab-initio, of no legal effect and is hereby quashed. 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.”
In the written verdict, the top court restored the election schedule issued by the ECP on March 8 with certain modifications. The bench made changes in the election program saying the last date for filing appeals against the decision of the returning officer rejecting/accepting the nomination papers is April 10. It added the last date for deciding on appeals by the Appellate Tribunal is April 17. The revised list of candidates will be published on April 18 whereas April 19 will be the last date for the withdrawal of candidature and publication of the revised list of candidates. The order stated that electoral symbols will be allotted to contesting candidates on April 20 and finally polling will be held on May 14.
The bench further ruled in its order saying “In the meanwhile 13 days have been lost on account of the unlawful order made by the Commission. In consequence thereof, the polling day perforce must be shifted, and moved forward from 30.04.2023 to 14.05.2023”. Reproducing the ECP stance in its short verdict, the bench said that the Commission has categorically submitted if the federal and provincial executive authorities provide necessary aid and assistance to discharge constitutional obligations then the Commission would be able to organized and conduct the general elections to the Punjab and KPK Assemblies honestly, justly, fairly and in accordance with law.
Issuing directives to federal government the bench said in its order, “The federal government shall forthwith and in any case by 10.04.2023 release and provide to the Commission funds in the sum of Rs. 21 billion for purposes of the general elections to the Punjab and Khyber Pakhtunkhwa Assemblies”. It further said, “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 bench ruled that 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”, stated in the short order.
The bench directed the caretaker Punjab cabinet, provincial Chief Secretary and Police Chief to provide a plan acceptable to the ECP about provision of sufficient personnel for election duty and security purposes for holding of the general election not later than April 10, 2023. The bench said in its order that the provincial government and all its officials must discharge their constitutional and legal duties and responsibility proactively in order to provide all aid and assistance to the ECP for holding and conduct of the general election.
Similarly, the bench issued directives to the federal government to exercise its constitutional powers and position in providing all such aid and assistance to the ECP for the holding and conduct of the general elections to the Punjab and KPK Assemblies. The federal government has been asked to provide a plan acceptable to the ECP in this regard not later than April 17,2023. “ Without prejudice to the generality of the foregoing, the federal government must make available all necessary personnel, whether from the Armed Forces, Rangers, Frontier Constabulary and all other forces under the direct, indirect or ultimate command and control of the federal government, as are required by the ECP for security and other purposes related to the general elections”, stated in the order.
The bench further said in its order, “if there is a failure by the federal government or the caretaker government in the Punjab to provide aid and assistance to the ECP and, without prejudice to the generality of the foregoing, in particular to comply with what has been set out hereinabove, the commission may make an appropriate representation to this court for such consideration and orders as deemed appropriate”. While citing decision of a five-member bench of the top court, the bench said, “Certain matters were pending in this Court (being SMC 1/2023 and CP Nos. 1 and 2/2023) and which were heard and decided on 01.03.2023 by a five-member Bench of the Court by a majority of 3:2 (Umar Ata Bandial, CJ and Munib Akhtar and Muhammad Ali Mazhar, JJ; Syed Mansoor Ali Shah and Jamal Khan Mandokhail, JJ dissenting). In particular, our attention has been drawn to the detailed reasons of the two learned Judges in minority (released on 27.03.2023), wherein it is, inter alia, stated that the said matters were decided (and dismissed) by a majority of 4:3. Respectfully, the position as claimed by the learned Judges in minority is erroneous and not sustainable in law”.
The bench further said in its short order, “Our attention has also been drawn to an order dated 29.03.2023 made in SMC 4/2022 by a majority of 2:1 by a learned three member Bench (Qazi Faez Isa and Aminuddin Khan, JJ; Shahid Waheed, J dissenting). The hearing of the present matter remained, and its decision by this Bench is wholly unaffected by any observations made in the aforesaid majority order.”
The bench said in its order the court is not adjudicating the matter relating to the KPK Province in the petition in hand as the counsel for KPK Governor 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 a forum as is deemed appropriate”, the bench concluded.
SC fixes May 14 as new Punjab poll date
