Supreme Court clears path for general elections, rejects delimitation objections

Top court rules that no objections can be raised on delimitations after announcement of polls schedule.

In a significant development, the Supreme Court of Pakistan ruled on Monday that objections to delimitations cannot be raised after the announcement of the schedule for the upcoming general elections. The three-member bench, led by interim Chief Justice Sardar Tariq, addressed an appeal filed by the Election Commission of Pakistan (ECP) against the Balochistan High Court’s (BHC) decision to alter delimitations conducted by the ECP.

The decision, arising from the ECP’s appeal related to the delimitation of two provincial seats in Quetta, resulted in the Supreme Court nullifying the BHC’s decision on delimitation. This ruling essentially closes the door to any further challenges against delimitations, preventing potential delays in the election schedule due to lengthy litigation.

The recent decision follows the Supreme Court’s nullification of the Lahore High Court (LHC) order, which had suspended the training of returning officers, raising concerns about possible election delays. The Chief Justice of Pakistan (CJP) Qazi Faez Isa-led bench instructed the ECP to announce the election schedule, putting an end to uncertainties surrounding the timing of the polls.

In response to the ECP’s petition, the three-member Supreme Court bench decreed that the LHC should refrain from holding additional hearings on petitions related to the appointment of polling officers. Any matters concerning this issue should be directed to the Supreme Court for consideration. The LHC’s decision, prompted by a plea from Pakistan Tehreek-e-Insaf (PTI) lawyer Umair Niazi, had suspended the ECP’s decision to appoint Returning Officers (ROs) and District Returning Officers (DROs) from the executive branch.

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With the Supreme Court’s decisive rulings, the ECP has now issued the much-awaited schedule for the upcoming general elections. In adherence to the top court’s verdict, the electoral body has also resumed training for ROs and DROs, bringing clarity and momentum to the electoral process.

Election conundrum

Upon the advice of then-prime minister Shehbaz Sharif, President Alvi dissolved the 15th National Assembly three days before the completion of its five-year term.

The former government prematurely dissolved the lower house to ensure that the polls were scheduled 90 days later — in line with the Constitution.

However, that did not seem to happen, as the commission had said that it could not follow up on the 90-day deadline as it had to work on fresh delimitation of constituencies after the Council of Common Interests (CCI) approved the results of the 2023 digital census

The ECP did that because Section 17(2) of the Elections Act states that “the commission shall delimit constituencies after every census is officially published” — which is in contrast with the constitutional deadline.

In October, the Raja-led ECP announced that the polls would be staged in January next year, but did not announce the exact date, and in return, received flak.

In response to the ECP’s decision to hold the polls later than the constitutional deadline, the PTI and several others filed a plea in the top court seeking timely polls. On the same plea, the SC ordered the ECP and the president to consult, which resulted in a consensus date of February 8.

But that did not seem to shut down the rumour mill and fears of the political parties who repeatedly voiced concerns that since the election schedule hasn’t been announced, the polls would be delayed.

Pakistan Peoples Party Co-chairperson Asif Ali Zardari had also said that a delay of “eight to 10 days” in the general elections would make no difference.