A three-member bench of the Supreme Court is currently hearing arguments regarding the Election Commission of Pakistan’s (ECP) review petition challenging the apex court’s directive to conduct polls in Punjab on May 14.

The same bench that comprises Chief Justice Umar Ata Bandial — who is heading the bench — Justice Munib Akhtar, and Justice Ijazul Ahsan is hearing the petition which on April 4 issued the initial order for holding polls on May 14. The polls, however, were not held despite repeated directives. 

At first, the ECP cited a paucity of funds as the reason for the inability to hold the polls; however, later it filed a review petition, challenging the apex court’s right to set a date for the polls. 

In yesterday’s hearing, the bench observed that the rights of the people of Punjab and Khyber Pakhtunkhwa were linked to the polls.

It also wondered by the ECP’s contention that deciding on the date of the elections was beyond the purview of the apex court’s powers was not raised before, asking whether any other institution had forced the electoral watchdog to do so.

The ECP counsel Sajeel Shahryar Swati submitted that the reasons would be cleared after the detailed judgment comes in the instant matter.

Meanwhile, the PTI had submitted its response to the review petition, urging the bench to discard it and ensure elections in the province.

ECP’s petition

The electoral watchdog had filed a review petition in the apex court against its order passed on April 4, setting May 14 as the date for holding elections in the province of Punjab.

In its petition, the electoral body had maintained that while such power exists elsewhere under the Constitution, it does not lie in a court of law and there is inherent wisdom in this division of power.

It had further submitted that under the Constitution, the power of the announcement of the date for the general elections is vested in bodies other than any judicial institution; therefore, the impugned order under review had “breached the salient principle of the trichotomy of powers and thus is not sustainable”.

Elections — principally a domain of the election commission under Article 218(3) of the Constitution read with other provisions of the Constitution — is the sole responsibility of the Election Commission of Pakistan, the ECP had contended.

Moreover, the ECP had submitted that in the presence of an elected government in Punjab, the general elections to the National Assembly cannot be conducted fairly.

“Fair elections cannot take place in the presence of an elected government in Punjab”, the review petition had stated adding that the voter/electorate is likely to vote in favour of the candidates of the political party which has the elected government in Punjab.

This is a developing story. More information will be shared soon…