ECP decision on Punjab polls ‘unconstitutional’: Supreme Court

• SC orders Commission to conduct elections in Punjab on May 14
• Directs federal government to provide Rs21 billion funds
• Orders Punjab’s caretaker government to share security plan with ECP

ISLAMABAD: Observing that the constitution and law do not give the ECP the authority to postpone the election date, the Supreme Court of Pakistan on Tuesday declared the Election Commission of Pakistan’s decision on Punjab polls null and void.

A three-member bench headed by Chief Justice of Pakistan Umar Ata Bandial and comprising Justice Ijaz Ul Ahsan and Justice Munib Akhtar announced the verdict in the PTI’s petition challenging the postponement of elections in Punjab by the ECP.

In its verdict that was reserved on Monday, the Supreme Court declared the ECP’s March 22 decision to postpone the elections in Punjab from April 30 to October 8 “unconstitutional”.

“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 verdict said. “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 apex court also directed that the elections in Punjab be conducted on May 14 and also ordered the ECP to announce the election schedule for Khyber Pakhtunkhwa.

The electoral process was at its fifth stage when the ECP announced its decision to postpone Punjab’s elections and it wasted 13 days, the Supreme Court said.

 

Tuesday’s verdict said that the last date for submitting appeals against the returning officer’s decision is April 10 and the election tribunal will announce the decision on the appeals on April 17.

“Elections in Punjab and KP should be transparent, impartial and as per the law,” said the verdict.

The bench also directed the federal government to provide funds of Rs21 billion by April 10 to the electoral body, which was asked to present a report on the issue by April 11.

The verdict also said that the Supreme Court will issue instructions to the authorities concerned in case the funds are not provided.

“The Punjab government should give a security plan to the Election Commission,” said the verdict, adding that Punjab’s interim cabinet and chief secretary should report to the ECP regarding the electoral staff by April 10.

The Supreme Court directed the federal government to provide resources — including Rangers, FC personnel, and armed forces — and extend support to hold polls in the provinces.

The federal government has been directed to share the security plan with the Election Commission by April 17. The ECP was asked to approach the apex court in case Punjab’s caretaker and federal governments do not comply with the judgment.