Lahore: The fate of the Punjab provincial assembly still hangs in the balance even after the Lahore High Court (LHC) pronounced its highly anticipated order to immediately announce the date for elections. As the political parties have different interpretations of the high court’s decision, it is widely believed that the matter will ultimately be decided by the Supreme Court.
The ruling party, Pakistan Tehreek-e-Insaf (PTI), extols the LHC’s decision, but their legal minds are looking for favorable legal answers to potentially defer the polls. A legal member of the opposition party, Pakistan Muslim League-Nawaz (PML-N), has referred to paragraph 12 of the order which holds that 90 days are mandated in the Constitution for fixing or announcing the date of the election of the provincial assembly after its dissolution.
According to this interpretation, the Election Commission of Pakistan (ECP) will have to announce the date of the election within 90 days, not the holding of the election. The legal mind of the ruling party has argued that the instructions imply that the ECP should have announced a date for elections within 90 days and shouldn’t miss that deadline. If the ECP agrees with this interpretation, it’s possible that PTI will approach the Supreme Court seeking a date for the elections.
On the other hand, PTI Lawyer Chaudhry Faisal Hussain has praised the LHC’s order to hold the election no later than 90 days. He noted that the LHC has done “a great job as the judges are guardians of the constitution”, and that the ECP and other institutions should adhere to the decision. He has also warned that extending the period for holding elections would be akin to applying the “General-Zia formula” and would spell “disaster for the country.”
Lawyer Hafiz Ahsaan Ahmad Khokhar has maintained that as per Article 224A of the Constitution, a general election to the National Assembly or a provincial assembly shall be held within 60 days following the term of the assembly, unless it has been sooner dissolved. He has added that in case the assembly is dissolved, the election would be held within 90 days and a caretaker government would be constituted for the interim period until the election process is completed. He has emphasized that the ECP is under a constitutional obligation to hold free, fair, and transparent polls within the prescribed period and that the LHC has rightly interpreted and issued directions to the ECP to announce the election schedule for holding the election within 90 days.
Khokhar has stated that if the LHC’s judgment is challenged in the Supreme Court, there would be a limited chance for its success as there is no deviation in the judgment from any constitutional provision or superior court’s precedents. He has also said that as the LHC has bound the ECP to the announcement of the date of the election and for holding the polls within 90 days, all state institutions should facilitate and provide cooperation with both in terms of finance and funding. He has emphasized that following the provisions of the Constitution is best for the country, for the rule of law, and for democracy, and that every institution should respect and adhere to the spirit of the Constitution.
