LAHORE: The Lahore High Court (LHC) on Friday reserved judgement on a petition filed by Pakistan Tehreek-e-Insaf (PTI), seeking to fix a date for elections in Punjab after the dissolution of the provincial Assembly.
LHC Justice Jawad Hassan reserved the ruling after hearing arguments from the PTI, Election Commission of Pakistan (ECP), Punjab Governor Balighur Rehman and federal government. The court is expected to announce the verdict today (Friday).
During the hearing, the governor’s lawyer maintained that Mr Rehman was not liable to give a date for elections when an interim cabinet has been formed. He pleaded the court to return the pleas as inadmissible with a fine on the petitioner.
The Petition:
Umar filed the petition through Barrister Zafar contending that the Punjab governor had been impleaded through his principal secretary as a respondent since Article 105 (3) of the Constitution required him to appoint a date for the holding of the election to the provincial assembly not later than 90 days from the date of dissolution of the legislature, but he had failed to discharge that constitutional duty.
Barrister Zafar implored in the petition that on January 12, 2023, then Punjab chief minister Parvez Elahi had advised the governor to dissolve the assembly in exercise of his constitutional powers under Article 112.
On January 14, 2023, pursuant to the advice of the then chief minister in accordance with terms of Article 112(1) of the Constitution, the assembly stood dissolved.
He contended that subsequently, the speaker of the Punjab Assembly through a letter on January 20, 2023 requested the respondent to fulfil his constitutional duties and immediately appoint a date for elections not later than 90 days from the date of the dissolution of the legislature as required by Article 105 (3)(1)(a) read with Article 224 of the Constitution.
The plea further read that the ECP, through a letter dated January 24, 2023, communicated its concern with respect to the inaction of the respondent in announcing a date for the elections and required him to fix a date between April 9, 2023 and April 13, 2023.
“More than 10 days have passed since the provincial assembly of the Punjab has been dissolved but the governor has failed to fulfil his constitutional duty by appointing a date of elections [in the province],” the plea read.
“The failure of the respondent to appoint the date of the elections is creating hurdles for the ECP to discharge its duties under Article 218(3) and the Elections Act and to organise the [polls] within the stated period of 90 days. The ECP in its letter has already highlighted these concerns but the respondent has remained unmoved,” it added.
The petition contended that the inaction of the governor to appoint the date of elections was also frustrating the campaign plans of the candidates because of the uncertainty it had engendered.
“Unless the date of elections is known, and, consequent thereupon, the ECP undertakes the activities stipulated in Section 57 of the Elections Act, the election campaign cannot take off. Every day’s delay in the announcement of the date of elections is eating into the time available for [polls] campaign. This is completely against the scheme of the Constitution and the law… The respondent is depriving the petitioner of [his] fundamental right guaranteed under Article 17 of the Constitution, which, according to the law declared by the August Supreme Court includes the right of a political party to contest and participate in elections. Unless the date of the election is announced, the exercise of this right will be frustrated,” the plea read.
