Supreme Court of Pakistan declares Election Commission's order null and void, sets date for Punjab elections on May 14th.
In a significant development, the Supreme Court of Pakistan has declared the verdict of the Election Commission of Pakistan (ECP) to delay polls in Punjab as "null and void". The court upheld President Dr Arif Alvi's decision to hold polls on April 30th. A three-member bench led by Chief Justice of Pakistan Umar Ata Bandial and comprising Justice Munib Akhtar and Justice Ijazul Ahsan, reserved the verdict on Monday after holding week-long proceedings on the Pakistan Tehreek-e-Insaf's (PTI) petition.
"The impugned order dated 22.03.2023 ("EC Order") made by the Election Commission of Pakistan ("Commission") is declared to be unconstitutional, without lawful authority or jurisdiction, void ab-initio, of no legal effect and is hereby quashed," the written verdict, released minutes after it was announced, read.
The ECP postponed the election in Punjab from April 30 to October 8, citing a resurgence of terror attacks, a shortage of security personnel, and an unprecedented economic crisis. However, the verdict mentioned that "neither the Constitution nor the law empowers the Commission to extend the date of elections beyond the 90 days period as provided in Article 224(2) of the Constitution."
The electoral process was at its fifth stage when the ECP announced its decision due to the "unlawful order made by the commission," resulting in a loss of 13 days.
Former prime minister Imran Khan's party controlled the Punjab Assembly, which was dissolved on his instructions in January. The cricketer-turned-politician has been pushing for a fresh election in the province in addition to his demand for early national elections, both of which he views as a way for Pakistan to achieve political stability and help bolster its struggling economy.
The court restored the schedule for the Punjab polls with a few changes. The phases of stage 6 to stage 11 of the election programme were restored. The verdict mentioned that the last date for submitting appeals against the returning officer's decision is April 10th. The Appellate Tribunal, Punjab, has been directed to announce decisions on appeals filed by April 17th.
"The final list of candidates in Punjab should be released by April 18th, the election symbols should be allotted by April 20th, and the last date for the nomination papers is April 19th," the verdict said.
In addition, the federal government has been directed to provide Rs21 billion in funds to the ECP by April 10th. The ECP has been asked to submit a report to the Supreme Court on the issue by April 11th, and the government has been directed to share the security plan with the ECP by April 17th. The apex court will continue hearing regarding elections in Khyber Pakhtunkhwa (KP).
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