The Supreme Court of Pakistan adjourned hearing till next Tuesday (May 23) on the Election Commission of Pakistan’s plea for a review of the apex court’s April 4 order, which directed the holding of elections in Punjab on May 14. A three-member bench headed by Chief Justice Umar Ata Bandial comprising Justice Ijaz Ul Ahsan and Justice Munib Akhtar heard the case.
At the outset of the hearing, CJP Bandial on ECP’s plea remarked that in plea the electoral watchdog raised fair points in its review petition.
“We will issue notices to other party political parties including the Punjab and KP provincial government,” added top judge.
The points raised by ECP were not raised earlier. We want to hear ECP on the admissibility of the plea, the CJP remarked.
To which PTI’s lawyer Ali Zafar argued that the scope of a review petition was confined and prohibited the introduction of new points. He emphasized that the review petition should be limited in its focus.
Responding to this contention, the Chief Justice of Pakistan (CJP) expressed the court’s interest in hearing the Election Commission of Pakistan’s (ECP) arguments regarding the maintainability of the petition.
Furthermore, the CJP announced that notices would be issued to the provincial governments to present their respective positions on the matter, along with representatives from other political parties involved.
During the proceedings, the CJP emphasized the government’s order as being final, indicating the importance of the decision at hand.
The Election Commission of Pakistan (ECP) has filed a review petition in the Supreme Court, requesting the court to reconsider its directives issued on April 4th. The directives pertained to the setting of election dates in the country. In its 14-page petition, the ECP argued that the judiciary does not have the authority to determine the dates of elections, and that such powers exist elsewhere under the Constitution.
The electoral watchdog stated in its petition that the Supreme Court should review its decision and correct the error made in assuming the role of a public body in giving a date for elections. The Commission cited various legalities and reasons behind its statement, pointing out that the apex court disregarded its constitutional jurisdiction.
The ECP emphasized that the Supreme Court’s intervention was necessitated to correct an error that had effectively changed the settled constitutional jurisprudence of the country. The electoral body accused the apex court of overstepping its boundaries and assuming powers that do not lie in a court of law.
In an unequivocal verdict delivered on April 4, the bench unanimously nullified the Election Commission’s (ECP) decision to postpone the provincial polls in Punjab from April 10th to October 8th. Instead, the court established May 14th as the new date for the elections.
The court’s ruling also encompassed directives for the federal government to allocate Rs21 billion for the elections in Punjab and Khyber Pakhtunkhwa. Furthermore, it demanded the provision of a comprehensive security plan to the Election Commission of Pakistan (ECP) in relation to the upcoming polls. The court emphasized the necessity for relevant authorities to maintain constant communication and keep the court informed throughout the process.
