Islamabad: (Staff Reporter) A five-member larger bench of the Supreme Court (SC) began hearing PTI’s plea against delaying general elections in Punjab and Khyber Pakhtunkhwa.
According to the source, the larger bench of the apex court, headed by Chief Justice Umar Ata Bandial, comprises Justice Ijazul Ahsan, Justice Jamal Khan Mandokhail, Justice Muneeb Akhtar Sheikh and Justice Ameen-ud-din Khan. Ahead of the hearing, the court issued notices to the PTI lawyers.
As per details in a surprise move on March 22, the ECP had put off elections for more than five months citing the deteriorating security situation in the country and the unavailability of security personnel. Barrister Syed Ali Zafar moved a petition on behalf of the PTI with a request to order the ECP to hold the elections on the date fixed earlier April 30.
Furthermore the petition, moved by PTI Secretary General Asad Umar, former Punjab Assembly speaker Mohammad Sibtain Khan, former Khyber Pakhtunkhwa Assembly speaker Mushtaq Ahmad Ghani and ex-lawmakers of Punjab Abdul Rehman and Mian Mahmood-ur-Rashid, pleaded that the ECP’s decision was in violation of the Constitution and tantamount to amending and subverting it.
Moreover it sought directions for the federal government to ensure law and order, provisions of funds and security personnel as per the ECP’s need to hold the elections. It also requested the court to direct the KP governor to announce the date for elections to the provincial assembly. Last week, KP Governor Ghulam Ali also proposed Oct 8 as the date for holding elections in the province.
Earlier, he had announced May 28 as the date for polls. The PTI questioned the ECP’s authority to “amend the Constitution” and asked how it could decide to delay elections to any assembly beyond 90 days from the date of dissolution of the assembly as mandated by the Constitution.
Moreover the petition argued that the ECP was bound to obey and implement the judgments of the Supreme Court and had no power or jurisdiction to overrule or review them. The apex court on March 1 ordered the authorities to hold the election to the Punjab Assembly within 90 days and that the date is announced by the president. It also directed the authorities to provide funds and security personnel to the ECP for the elections. “The ECP cannot act in defiance of the Supreme Court’s directions as it has done in this case which is illegal and liable to be set aside,” the petition pleaded.
Meanwhile by announcing Oct 8 as the date, the ECP had delayed the elections for more than 183 days beyond the 90-day limit as prescribed in the Constitution. The petition said that if the excuse of unavailability of security personnel was accepted this time, it would set a precedent to delay any future elections. The petition added that there was no assurance that these factors financial constraints, security situation and unavailability of security personnel would improve by Oct 8.
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