ISLAMABAD: Supreme Court has said that the Election Commission of Pakistan’s (ECP) decisions had become an “obstruction” in the way of the apex court’s orders as the top court issued notices to the Election Commission of Pakistan (ECP) for dragging feet on polls in Punjab and Khyber Pakhtunkhwa.
Justice Munib Akhtar’s remarks came during the hearing of PTI’s petition challenging the electoral body’s orders to put off Punjab Assembly elections till Oct 8.
The five-member larger bench, headed by Chief Justice of Pakistan Umar Ata Bandial and comprising Justice Ijazul Ahsan, Justice Akhtar, Justice Aminuddin Khan and Justice Jamal Khan Mandokhail, heard the case.
The petition, which was initiated by former Punjab Assembly speakers Mohammad Sibtain Khan, Mushtaq Ahmad Ghani, and Abdul Rehman and Mian Mahmood-ur-Rashid, as well as PTI Secretary General Asad Umar, argued that the ECP’s decision was illegal and amounted to amending and subverting the Constitution.
PTI asked for instructions from the federal government in the plea to ensure law and order, the supply of resources and security personnel as required by the ECP to conduct the polls.
It should be noted that on March 22, the ECP had put off the elections for more than five months citing the deteriorating security situation in the country.
Subsequently, Barrister Syed Ali Zafar moved a petition on behalf of the PTI officials with a request to order the ECP to hold the elections on the date fixed earlier — April 30.
During the hearing today, the court issued notices to the Federation of Pakistan, ECP and the governments of Punjab and KP.
At the outset of the proceedings, Barrister Zafar told the court that the apex court, in its March 1 orders, had instructed the ECP to decide on a date for elections in Punjab and KP.
In its March 1 verdict, the Supreme Court had ordered to hold the election to the Punjab Assembly within 90 days and that the date be announced by the president. It also directed the authorities to provide funds and security personnel to ECP for the elections.
Presenting his arguments in the SC today, the PTI lawyer said: “On March 8, the ECP issued the schedule for elections in Punjab, whereas the KP governor did not announce a date for the polls.”
He contended that the electoral watchdog had thrice committed violations, explaining that the ECP had rejected the election schedule announced by the president.
Zafar further said that the electoral body has now delayed the elections till October 8, arguing that “it does not have the authority to give a new date for the polls”.
“The election commission has violated the 90-day period [for announcing the date of elections]. As per the Constitution, the ECP does not have the right to change the date [for polls] or extend the 90-day deadline,” he said, stressing that the ECP “overlooked” the court’s orders.
Subsequently, the hearing was adjourned till Tuesday, 11:30am.
