Islamabad, 7th April: Pakistan Tehreek-e-Insaf (PTI) on Thursday approached the Supreme Court to seek elections in Khyber Pakhtunkhwa (KP) province within a 90-day period. The move came after the top court’s judgment regarding the Punjab Assembly elections, which allowed the petitioner to approach any forum deemed appropriate for seeking relief for the conduct of elections in KP since the matter was not adjudicated upon.
The fresh joint petition was lodged by PTI Secretary General Asad Umar, former KP Assembly speaker Mushtaq Ahmad Ghani, former KP chief minister Mahmood Khan, and a number of former cabinet members through their counsel Barrister Syed Ali Zafar and Gohar Khan. The petition challenged the poll day announcement by the governor on Oct 8, stating that the entire exercise was contrary to the clear mandate of the Constitution and thus amounted to depriving the petitioners and citizens of their fundamental rights guaranteed under Article 17 to participate in elections.
The petition highlighted that the reasons given by the governor and the Election Commission of Pakistan (ECP) regarding the unavailability of finances and the non-conducive law and order situation in the country to hold elections was legally flawed and a disingenuous excuse to delay the elections. The petition further added that if such a power was given to the governor or the ECP on the pretext of the law and order situation, then that would mean elections could be delayed indefinitely and forever, which was not warranted.
The petition also raised concerns over the postponement of the provincial elections by six months, fearing that it would further deteriorate the security situation. The petition emphasized that under Articles 148 (3) and 220 of the Constitution as well as Section 50 of the Elections Act 2017, it is the responsibility of the federal, provincial governments and all executive authorities to ensure that elections are held in 90 days regardless of any prevailing law and order situation.
Furthermore, according to the petition, it was the responsibility of the federal and provincial governments to arrange funds for holding the elections on a priority basis to the exclusion of all other matters. The government was also obligated to provide the necessary security for polls, the petition maintained.
The petition also highlighted that if law and order could be made an excuse for delaying elections, then such a precedent would become a legal mandate for caretaker governments to extend their period and tenure by insisting that they are unable to provide the security. Moreover, the excuse of law and order would mean that the Constitution could always be held in abeyance on this ground every time the elections are due, the petition added.
In conclusion, the PTI's petition seeks to ensure that elections in Khyber Pakhtunkhwa province are held within the constitutionally mandated 90-day period, with the provision of necessary funds and security arrangements by the federal and provincial governments. The PTI argues that any delay or postponement of elections on the pretext of law and order would be contrary to the Constitution and citizens' fundamental rights to participate in the democratic process.
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