Supreme Court of Pakistan declares election commission's decision delaying Punjab polls null and void

Islamabad: Pakistan's Supreme Court on Tuesday termed as "unconstitutional" the election commission's decision to postpone polls in the Punjab province till October 8, in a blow to the federal government that has been trying to delay the provincial election citing security issues and the economic crisis.

The apex court also fixed May 14 as the date for polls in the province.

On March 22, the Election Commission of Pakistan (ECP) delayed assembly polls in the politically crucial Punjab province by more than five months, citing the deteriorating security situation in the cash-starved country, a move criticised by former premier Imran Khan, the Pakistan Tehreek-e-Insaf (PTI) party chairman.

The verdict on the issue was delivered by a three-member bench — headed by Chief Justice of Pakistan (CJP) Umar Ata Bandial and comprising Justice Munib Akhtar and Justice Ijazul Ahsan, in a boost to ousted prime minister Imran Khan-led Pakistan Tehreek-e-Insaf (PTI) party.

Heavy security was deployed outside the apex court’s building, with a large contingent of police guarding the main entrance.

"Constitution and law do not give (Election Commission of Pakistan) the authority to postpone the election date," said the apex court, adding that the electoral process was at its fifth stage when the ECP announced its decision.

The court remarked that the ECP's order wasted 13 days, saying that the electoral body made an unconstitutional decision by shifting the date for the polls to October 8.

The verdict says the last date for submitting appeals against the returning officer's decision is April 10 and the Election Tribunal will announce the decision on the appeals on April 17.

"Elections in Punjab and Khyber Pakhtunkhwa should be transparent, impartial and as per the law," said the verdict.

It added that the federal government should provide Rs 21 billion in funds by April 10 to the ECP and directed the body to present a report on the issue by April 11.

The verdict also said that the Supreme Court will issue instructions to the authorities concerned in case the funds are not provided.

"The Punjab government should give a security plan to the Election Commission," said the top court's verdict. It added that Punjab's interim cabinet and chief secretary should report to the ECP on the electoral staff by April 10.

The verdict also directed the caretaker government to assist and provide resources to the electoral body for elections in Punjab.

The ECP had earlier set the date for elections in Punjab on April 30, but later it was postponed to October 8 — in Punjab and Khyber Pakhtunkhwa (KP) as well.

Khan's PTI challenged the ECP's decision to postpone polls in the Punjab Assembly to October 8, instead of holding it within 90 days as per mandated by the Constitution.

The assembly in the Punjab province was dissolved on January 14 by the erstwhile PTI government.

The apex court — which initiated proceedings on PTI's petition on March 27 — reserved the verdict a day earlier, saying it would announce it the next day, April 4.

The hearings in the case, which lasted over a week, witnessed high drama after two judges of the original five-member bench — Justices Jamal Khan Mandokhail and Aminuddin Khan — recused themselves from hearing the case. Thereafter, the chief justice constituted a bench comprising himself, Justice Ahsan and Justice Akhtar to proceed with the PTI petition.

Earlier, the government had submitted a statement through Attorney General for Pakistan Mansoor Awan, requesting the formation of a full court to hear the case. It also sought dismissal of the PTI petition in light of what it interpreted as a “4-3” order issued by the apex court on March 1.

During proceedings a day earlier, the SC bench appeared irked by the government declaring ‘no-confidence’ in it and hence refused to listen to the arguments of the ruling parties’ lawyers before it reserved the verdict.

Meanwhile, Interior Minister Rana Sanaullah had said that the government expected the apex court to pass a verdict that would help push the country out of the crisis.

“We hope better sense will prevail and the political crisis in the country will come to an end,” he told media persons outside the apex court.

Reiterating the federal coalition’s demand regarding a full court, Sanaullah stated that the government still stood by it. “Our stance right now is the voice of the nation — this matter can only be resolved via a full court.

“Even the PTI has said that they don’t have any objection to a full court. Then why isn’t the CJP forming it?” he asked.

The minister also stressed that elections should be held in the country simultaneously, adding that separate polls to provincial assemblies will only create anarchy, chaos and further political crises.

Standing beside Sanaullah, Law Minister Azam Nazir Tarar said: “Institutions work collectively and not on the dictation of one person. We hope that the SC will also use collective wisdom and take this matter forward.” The issue of the election has taken centre stage in Pakistani politics as Khan has been pushing for timely elections in Punjab and KP provinces.

Khan had condemned the ECP's move to postpone the elections till October, calling it a violation of Pakistan's constitution.

Khyber Pakhtunkhwa (KP) governor Haji Ghulam Ali had fixed May 28 as the date for polls in the province but subsequently backtracked on his decision while calling for “key challenges” to be addressed before a new date is announced.

However, the federal government has been trying to delay the provincial polls with the plea that elections should be held after August 2023 when the term of the current House comes to an end.