ISLAMABAD: The Supreme Court (SC) nullified the Election Commission of Pakistan’s (ECP) Punjab and Khyber Pakhtunkhwa (KP) election decision on Tuesday.
Chief Justice of Pakistan Umar Ata Bandial, Justice Ijaz Ul Ahsan, and Justice Munib Akhtar made the decision.
The Supreme Court ruled that the electoral body’s October 8 polling was “unconstitutional”.
The highest court ordered provincial elections from April 30 to May 15.
The highest court stated the ECP’s decision to postpone the poll was unconstitutional because the electoral process was in its fifth stage.
The court said the ECP’s ruling wasted 13 days and that moving the polls to October 8 was illegal.
The verdict states that appeals against the returning officer’s decision must submitted by April 10 and decided by the electoral tribunal on April 17.
The ruling called for transparent, unbiased, and lawful Punjab and KP elections.
It also ordered the ECP to submit a report by April 11 and the federal government to contribute Rs21 billion by April 10.
The judgment further said that the Supreme Court will advise the authorities if monies not delivered.
“Punjab government should give a security plan to the Election Commission,” the top court ruled. Punjab’s temporary government and chief secretary must report to the ECP on electoral staff by April 10.
Moreover, The top court ordered the federal government to furnish Rangers, FC, and armed forces to hold provincial elections.
The ruling requires the federal government to provide the security strategy with the electoral authority by April 17. It further advised the ECP to petition the apex court if the Punjab caretaker administration and federal government fail to comply with the judgment.
While, The March 1 ruling based on 3:2 was deemed “no legal standing” by the judgment.
Khyber Pakhtunkhwa Elections
Regarding the Khyber Pakhtunkhwa elections, the three-member court said nobody represented the provincial governor during the hearing, therefore the subject will stay under debate until then.
Background
The opposition party, Pakistan Tehreek-e-Insaf (PTI), filed a petition in the top court after the ECP postponed Punjab and KP elections to October 8.
On March 27, the supreme court began hearing PTI’s case and reserved its judgement for April 4.
The Ministry of Defence explained the army’s refusal to provide poll security before the judgement.
On March 27, the Supreme court accepted the plea and began hearing it. Over eight days, parties presented their arguments in six hearings.
Chief Justice of Pakistan (CJP) Umar Ata Bandial, Justice Amin-ud-Din Khan, Justice Jamal Khan Mandokhail, Justice Munib Akhtar, and Justice Ijazul Ahsan comprised a five-member bench.
On March 30, Judge Amin recused himself, citing a three-member bench’s Article 184(3) ruling that suspended proceedings.
The bench reduced to CJP Bandial, Judge Mandokhail, Justice Akhtar, and Justice Ahsan.
On March 31, Judge Mandokhail recused himself, saying he was not consulted before the bench formed.
CJP Bandial, Judge Akhtar, and Justice Ahsan were appointed to hear the case.
The three-member bench that announced the judgement heard from Punjab and KP advocate generals, Pakistan’s attorney general, ECP’s lawyer, and defence and finance secretaries.
The coalition parties—PPP and PDM—requested a full court while the hearing was underway.
Afterward, The supreme court denied their request. The coalition parties do not trust the three-member bench hearing the case and will not accept the decision.
While, Law Minister Azam Nazeer Tarar said the government will not accept a hasty Supreme Court judgement on a delicate and crucial topic.
