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LAHORE: The Lahore High Court (LHC) on Saturday issued detailed written verdict, issuing directives to the Election Commission of Pakistan (ECP) to immediately announce the “date of election” of the Provincial Assembly of Punjab with the Notification specifying reasons, after consultation with the Governor of Punjab, being the constitutional Head of the Province, to ensure that the elections are held not later than ninety days as per the mandate of the “Constitution”.
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This came just a day after the LHC had issued short order Friday night, asking ECP to hold elections within 90 days after the dissolution of Punjab Assembly.
In its 16-pages detailed verdict, author Judge Justice Jawad Hassan of the LHC quoted prayer by the PTI, mentioned in its Writ Petition, seeking to issue necessary orders to Respondent No.1/Governor to immediately announce the date of election for the Provincial Assembly of the Punjab as directed under Article 105, read with 224 of the Constitution of the Islamic Republic of Pakistan, 1973 so as to enforce Article 218(3) ibid, so that the Election is held not later than ninety days of dissolution of the Assembly, in the interest of public, democratic norms, justice, equity and fair play.
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The LHC further quoted the PTI’s prayer, saying that “in view of the constant violations of the Governor/Respondent No.1 of his Constitutional Mandate, his Oath as well as the continuous violations of Articles 4 & 5, 105, 218(3) and 224 of the Constitution of the Islamic Republic of Pakistan, 1973, it is requested that the President of Pakistan may kindly be directed to act in accordance with Article 101(3) of the Constitution of the Islamic Republic of Pakistan, 1973, so as to remove the same, of course, in order to fulfill the constitutional mandate.
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After narrating details of the proceedings, the LHC quoted replies submitted by the ECP and Governor, as well as representatives of district management group, and quoted Constitutional articles and sections, declared that Without any shadow of doubt, 90 days’ time is mandated in the “Constitution” for fixing/announcing the “date ofelection” of Provincial Assembly after its dissolution in terms of Article 105 and time frame provided under Articles 112 and 224(2) of the “Constitution”.
The LHC further declared that Article 224 of the “Constitution” falls under Part-VIII, Chapter 2 which deals with electoral laws and conduct of elections whereas Part VIII Chapter 1 deals with the Chief Election Commission and Election Commissions with their mandate. Article 224(2) of the “Constitution” deals with the time of election but did not specific which authority as it falls under Chapter 2 of Part VIII which deals with electoral laws and conduct of election. It has been seen that Chapter 2 deals with conduct of election if it is read with Chapter 5 of the “Act”, which deals with the election of the Assemblies read with Chapter 5 of the Elections Rules, 2017.
The LHC cited its own verdict in “TARIQ IQBAL Versus ELECTION COMMISSION OF PAKISTAN and others” (PLD 2022 Lahore 607) 12 Writ Petition No.5851of 2023 has held that the Election Commission of Pakistan is the apex,independent and neutral constitutional authority to hold, organize and conduct elections in Pakistan.
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Justice Jawad Hassan wrote “when Articles 218(3) which cast a constitutional duty upon the “ECP” to organize and conduct elections and to ensure that the election is conducted in accordance with law that is the “Constitution”, the “Act” and the Elections Rules, 2017read with Article 219(d) which charged the “ECP” with the duty of holding the general elections to the provincial assemblies read with Article 224(2) and 220 of the “Constitution” which cast a duty on all the executive authorities in the federation and in the provinces to assist the “ECP” in discharge of its constitutional functions, are being considered together being connecting and relevant provisions, the obligation and duty of the “ECP” to declare the date of general election for the Province comes within the penumbra of these constitutional provisions and elections laws.”
The LHC judge in his concluding para declared that “in view of the constitutional provisions mentioned above and the judgments of the Supreme Court of Pakistan, the prayer made in the “consolidated petitions” is allowed and the “ECP” is directed to immediately announce the “date of election” of the Provincial Assembly of Punjab with the Notification specifying reasons, after consultation with the Governor of Punjab, being the constitutional Head of the Province, to ensure that the elections are held not later than ninety days as per the mandate of the “Constitution”.
Full text of the LHC verdict is attached below.
