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Punjab elections: SC reviews ECP’s petition

News Editor 24 May, 2023
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Webdesk: The ECP filed a petition to review the apex court’s decision that elections held in Punjab on May 14. The Supreme Court has started hearing the petition again.

The same bench is hearing the appeal that made the first order on April 4. This bench made up of the Chief Justice of Pakistan, Umar Ata Bandial, Justice Munib Akhtar, and Justice Ijazul Ahsan.

The bench said that the elections would affect the rights of the people of Punjab and Khyber Pakhtunkhwa.

It also wondered why the ECP’s claim that the top court didn’t have the power to choose the date of the elections had not been brought up before. It asked if any other institution had forced the electoral watchdog to do so.

Sajeel Shahryar Swati said that the reasons would clear once the full judgement in this case came out.

The PTI responded to the review case by asking the bench to throw it out. PTI requested to move forward with elections in the province.

The ECP’s request

The group that keeps an eye on elections asked the highest court to change its order from April 4. That set May 14 as the date for elections in the province of Punjab.

In its plea, the electoral body had said that the Constitution gives this kind of power to other places, but not to a court of law, and that this is a good way to split up power.

It had also said that, according to the Constitution, the power to announce the date of the general elections given to bodies other than the courts. This meant that the order under review “violated the important principle of the separation of powers” and could not be upheld.

Article 218.3 and other parts of the Constitution say that elections are mostly the responsibility of the election commission. The Election Commission of Pakistan (ECP) said that elections are the sole responsibility of the ECP.

Also, the ECP had said that the general elections for the National Assembly cannot be done properly as long as Punjab has an elected government.

“Fair elections can’t happen as long as there’s an elected government in Punjab,” the review petition said, adding that voters are likely to vote for the candidates of the political party that’s in power there.

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