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SCBA criticises Punjab election delay

News Editor 24 March, 2023
Supreme Court Bar association

Islamabad: Thursday, the Supreme Court Bar Association criticised the Election Commission of Pakistan’s (ECP) decision to postpone the polls in Punjab, labelling it “an absolute violation of the Constitution.”

The Election Commission of Pakistan (ECP) postponed the Punjab election to October 8. As it was unable to hold transparent and peaceful elections on April 30.

SCBA President Abid S. Zuberi and Secretary Muqtedir Akthar Shabbir stated in a statement that the commission could not adjust the election date “under any circumstances.”

They noted that the apex court’s order dated 1 March made it “inexplicably apparent” that elections be placed within the 90-day. As specified by Article 224 (2) of the Constitution.

The statement continued, “But, it is regrettable that the Electoral Commission has acted with such flagrant contempt. Regarding its constitutional mandate and the order of the Supreme Court.”

Further. It stated that neither the Election Act nor the Constitution permitted the ECP to conduct elections beyond the 90-day timeframe specified in Article 224. (2).

While, It remarked, “It is extremely regrettable that the Electoral Commission has poorly misconstrued the Constitution. The law, and the Supreme Court’s order.”

Moreover, The SCBA asserted that the commission “went beyond its authority and in violation of its constitutional duty.”

Responsibility of Care taker government

In addition, the statement emphasised that the sole constitutional responsibility of the caretaker administration. That was to oversee the conduct of fair and transparent elections.

It stated that even the caretaker government was constrained by Article 224’s time limit (2).

“Thus, the caretaker government cannot continue to operate beyond the 90-day term specified in Article 224 (2),” it continued.

The SCBA contended that such a violation of the Constitution could only result in complete anarchy and national collapse.

With the current political and economic challenges in the country, restoration of democracy and timely elections are imperative.

Moreover, The group argued that by publishing the March 22 notification, the ECP had opened the door to “total turmoil and uncertainty.”

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Previous: Ministers support the ECP’s decision to delay elections.
Next: Rana Sanaullah: The Supreme Court’s error will result in “political instability.”

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