SC annuls ECP’s order, fixes May 14 as Punjab poll date

ISLAMABAD: Supreme Court of Pakistan (SC) has annulled March 22 order of Election Commission of Pakistan (ECP) of delaying elections in Punjab and KP, declaring it unconstitutional, and announced elections can not be held beyond 90 days time limit as set by the Constitution.

سپریم کورٹ نے پنجاب اور خیبرپختونخوا انتخابات التواء کیس کا فیصلہ جاری کردیا pic.twitter.com/vGDG9Kx7G7

— Aamir Saeed Abbasi (@AmirSaeedAbbasi) April 4, 2023

A three-judges bench — comprising Chief Justice of Pakistan (CJP) Umar Ata Bandial, Justice Ijazul Ahsan and Justice Munib Akhtar — had reserved the judgment in the case on Monday after hearing all the parties, including the government, the PTI, the ECP and others.

As many as six hearings were conducted of the case. 

• Announcing the short order, Chief Justice Umar Ata Bandial restored Election schedule for Punjab with minor amendment, ordering to hold elections there on May 14.
• The Apex Court ordered federal government to provide Rs. 20 billion for elections, latest by April 10.
• The SC also ordered caretaker government of Mohsin Naqvi to assist Punjab election commission for holding elections in the province, and Chief Secretary and IG Punjab to present complete security plan by April 10.
  
• Nomination papers to be submitted from April 10, list of candidates to be published on April 19, electoral symbols to be issued on April 20
• Chief Justice Umar Ata Bandial, while reading out the verdict, also ordered ECP to decide polling date for elections of KP Assembly.
• The Apex court also declared that “the judgment given by Justice Qazi Faiz Isa has no bearing on our bench“

In its short order, the SC declared that 13 days were wasted because of the ECP’s unlawful decision. According to the court, candidates will be able to submit nomination papers from April 10, the Election Commission will publish the list of candidates on April 19, and electoral symbols will be issued by April 20.

The court told the ECP to submit a report on the matter in court the same day. “In the case of non-provision of funds, the court will issue an appropriate order.”

“Elections should be conducted transparently and impartially,” the apex court added.

Yesterday (Monday), the court closed its proceedings with a direction to Defence Secretary Hamood Zaman and Finance Additional Secretary Amir Mehmood to convince the court and submit reports about the overwhelming impediments blocking the holding of the elections in Punjab.

Ahead of the judgement today, the secretary of defence — who was summoned by the court on Monday — submitted a report regarding the availability of security personnel during elections to the judges in their chamber.

Attached below is the full text of Supreme Court’s order: