The Supreme Court of Pakistan Declares Inadmissible Defense Ministry’s Plea for Simultaneous Elections and Warns Against Non-Release of Poll Funds.

The Supreme Court of Pakistan has ruled that the Defense Ministry’s plea for holding general elections simultaneously in Pakistan after the completion of the terms of the national, Sindh and Balochistan assemblies is inadmissible for hearing. The court has also cautioned the government of serious consequences if it fails to release the funds required for conducting elections in Punjab and Khyber Pakhtunkhwa. A three-judge bench, headed by the Chief Justice of Pakistan (CJP) Umar Ata Bandial, heard the petition.

Background

The Defense Ministry had filed an application in the SC a day earlier, seeking the apex court to recall its April 4 order which had set May 14 as the election date for the Punjab Assembly. The application had requested the apex court to issue directives to hold general elections for national and all provincial assemblies on the same day. The Defense Ministry also presented a report in court, complying with the SC's directives to the State Bank of Pakistan (SBP) and other departments for issuing reports after releasing PKR 21 billion to the Election Commission of Pakistan (ECP) for holding elections in the Punjab and Khyber Pakhtunkhwa provinces.

Defense Ministry’s Arguments

The ministry emphasized in its report the need to hold elections on the same day, given the prevailing security situation in the country. The report stated that the armed forces would be ready to carry out election duties by early October. The ministry argued that due to counter-terrorism operations in Balochistan and Khyber Pakhtunkhwa, and intelligence-based operations in Punjab and Sindh, the armed forces, Rangers, Frontier Constabulary, and other forces would not be available to be repositioned and reposted for providing election security twice in six months.

Supreme Court’s Order

The court order stated that the Defense Ministry’s plea could not be entertained since it was already decided by a final judgment of the court and was therefore “disposed of as not maintainable.” The court also reiterated the proceedings pertaining to the Finance Division’s compliance report on providing funds for the polls. It added that there could be no doubt that the federal cabinet had the authority and power to authorize the expenditure of PKR 21 billion for election expenses. The court warned the government that the non-release of poll funds could result in serious consequences.

Constitutional Implications

The court order noted that the government of the day must command the confidence of the majority of the National Assembly (NA) at all times, and the premier must enjoy the confidence of the majority of the NA at all times. It added that the NA’s rejection of the demand to release poll funds held “serious constitutional implications.” The court accepted the Attorney General’s statement that the government had the confidence of the majority of the NA at all times. The court also emphasized that any future to and fro of this matter between the executive and legislative branches would not advance or serve any constitutional purpose, and it would be a serious breach of constitutional duty and obligation.

Prominent Pakistani judges Justice Ijazul Ahsan, Chief Justice Umar Ata Bandial, and Justice Munib Akhtar

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