Pakistan’s Supreme Court on Tuesday termed “unconstitutional” the election commission’s decision to postpone polls in the Punjab province till 8 October, in a major 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 14 May as the date for polls in the politically crucial Punjab province, in a boost to ousted Prime Minister Imran Khan’s Pakistan Tehreek-e-Insaf (PTI) party.
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 Khan’s PTI.
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.
Heavy security was deployed outside the apex court’s building, with a large contingent of police guarding the main entrance. The top court declared the ECP decision “illegal” and “unconstitutional.”
“The impugned order dated 22 March, 2023 (“EC Order”) made by the Election Commission of Pakistan (“Commission”) is declared to be unconstitutional, without lawful authority or jurisdiction, void ab initio, of no legal effect, and is hereby quashed,” the ruling said.
“Neither the Constitution nor the law empowers the Commission to extend the date of elections beyond the 90-day period as provided in Article 224(2) of the Constitution.”
The court ordered the government to release Rs 21 billion for polls by April 10, further stating that the court would issue appropriate orders should the government fail to comply.
“The Commission shall, by 11 April file a report in 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 order read.
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 8 October.
The verdict says the last date for submitting appeals against the returning officer’s decision is 10 April, and the Election Tribunal will announce the decision on the appeals on 17 April. “Elections in Punjab and Khyber Pakhtunkhwa should be transparent, impartial, and as per the law,” said the verdict.
“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 10 April. The verdict also directed the caretaker government to assist and provide resources to the electoral body for elections in Punjab.