The Supreme Court of Pakistan has rejected the Election Commission of Pakistan’s (ECP) request to revisit its decision to hold elections for the Punjab Assembly on May 14. The court had previously overturned the ECP’s decision to extend the election date from April 10 to October 8 and set May 14 as the new date.
The court had also instructed the government to allocate Rs21 billion for the Punjab and Khyber Pakhtunkhwa elections and provide a security plan to the ECP. However, the ECP claimed that the then ruling coalition was hesitant to release the funds.
The ECP argued that conducting separate elections in Punjab and KPK before the rest of the country would be more expensive and would require additional time for security arrangements.
On May 3, less than two weeks before the scheduled election date, the ECP filed a plea requesting a review of the court’s April 4 order.
During the hearing, the ECP’s lawyer asked for more time to prepare additional grounds for the case. The Chief Justice of Pakistan, Umar Ata Bandial, advised the lawyer to present his stance, and the court would review the case accordingly.
The ECP lawyer argued that after amendments to the Elections Act 2017, the power to set the election date now lies with the ECP. However, Justice Muneeb Akhtar reminded the lawyer that this was a review plea and advised against raising new points.
The ECP’s plea highlighted the Workers Party case, but Justice Akhtar pointed out that the court had already expressed its opinion on the matter. He instructed the ECP lawyer to point out any mistakes in the original order that would warrant a review.
The ECP’s plea contended that changing the election program falls under the sole jurisdiction of the commission. It asked the court to reconsider its April 4 judgment in the interest of justice and take into account the ground realities.
The ECP stated that holding elections while permanent governments are in place in Punjab and KPK would compromise the objectivity and fairness of the elections. It emphasized that the ECP needs a non-partisan government machinery to conduct the general elections in a fair and lawful manner.
The review petition argued that the Supreme Court’s appointment of a poll date went beyond its constitutional function. It stated that the power to change the election program lies with the ECP under the Elections Act 2017.
The review petition urged the court to interpret the law rather than rewrite it. It emphasized that the constitution and the law do not provide any provisions for the Supreme Court to appoint or change the election date.
In conclusion, the Supreme Court of Pakistan has dismissed the Election Commission of Pakistan’s plea to review the order for the Punjab Assembly elections. The court’s decision upholds its previous judgment and sets May 14 as the election date for the province.