The Supreme Court (SC) will hear the Election Commission of Pakistan’s (ECP) petition today (Monday) to reconsider its April 4 order to hold polls in Punjab, after the top court’s May 14 deadline lapsed on Sunday.
Last month, a three-judge bench of Pakistan’s Supreme Court, led by Chief Justice of Pakistan (CJP) Umar Ata Bandial and including Justices Ijaz Ul Ahsan and Munib Akhtar, declared the ECP’s decision to hold elections on October 8 rather than April 30 “illegal” and ordered the electoral watchdog to hold elections in Punjab on May 14.
After that, the election organising authority moved the Supreme Court to examine its April 4 directions. The main election organising authority said in a 14-page petition that the Supreme Court should rethink its decision since the judiciary “doesn’t have the authority to give the date of elections.”
“Such powers exist elsewhere in the Constitution but certainly not in a Court of law,” the ECP stated, citing different laws and justifications for its position.
The electoral body accused the Supreme Court of disregarding its constitutional jurisdiction, stating that it assumed the role of a public body in announcing a date; “thus, intervention by the court is required to correct an error that has effectively changed the country’s settled constitutional jurisprudence.”
On April 14, a three-member Supreme Court bench directed the State Bank of Pakistan (SBP) to allocate and release Rs21 billion from monies deposited with it to the Election Commission of Pakistan (ECP).
On April 18, the ECP informed the Supreme Court that it had not yet obtained the Rs21 billion required to hold the Punjab Assembly elections on May 14.
On April 20, CJP Bandial stated that the highest court could make some room and adjust the schedule of elections if all political parties reach an agreement. Later, the Supreme Court clarified that negotiations between the ruling Pakistan Democratic Movement (PDM) and the Pakistan Tehreek-e-Insaf (PTI) to end the political deadlock over the timing of the general election were initiated on a volunteer basis and that the top court issued no directive in this regard.
The Supreme Court stated in a three-page ruling of the April 27 proceedings of the Punjab election delay case that its April 4 verdict directing the ECP to hold Punjab polls on May 14 “remained unchanged.”
Despite multiple rounds of negotiations, both sides were unable to reach an agreement on the matter, and on May 3, the PTI submitted a report to the Supreme Court on its negotiations with the PDM-led government, requesting that the apex court ensure the implementation of its April 4 judgment regarding the holding of Punjab Assembly elections on May 14.
The Supreme Court stated in a three-page ruling of the April 27 proceedings of the Punjab election delay case that its April 4 verdict directing the ECP to hold Punjab polls on May 14 “remained unchanged.”
Despite multiple rounds of negotiations, both sides were unable to reach an agreement on the matter, and on May 3, the PTI submitted a report to the Supreme Court on its negotiations with the PDM-led government, requesting that the apex court ensure the implementation of its April 4 judgment regarding the holding of Punjab Assembly elections on May 14.
It is worth noting that the Punjab Assembly was dissolved in January on the orders of PTI Chairman Imran Khan in order to push the ruling coalition to seek quick elections. However, the federal administration has regularly stated that elections will be held this year in October or November.
The PTI had contested the electoral authority’s decision to postpone the Punjab elections to October. The Supreme Court ruled on April 4 that the ECP’s ruling was unconstitutional, without lawful power or jurisdiction, was void ab initio, and had no legal effect.
