- A three-member bench headed by Chief Justice Bandyal heard the ECP’s petition.
- The Supreme Court had fixed May 14 as the date for the elections in Punjab.
- The federal and Punjab governments filed a reply on Monday adopting the ECP’s stand.
ISLAMABAD: A three-judge bench of the Supreme Court is hearing the Election Commission of Pakistan’s (ECP) review petition challenging the Supreme Court’s April 4 order fixing May 14 for elections in Punjab. The date is set.
Despite repeated instructions from the Supreme Court, the order could not be implemented. Instead, on May 3, the Election Commission filed a review petition against the court’s decision.
A three-judge bench of the apex court, headed by Chief Justice Umar Atta Bandial, comprising Justice Ijaz-ul-Ahsan and Justice Muneeb Akhtar – the same bench that had ordered elections in Punjab on May 14 – is hearing the review. The petition in which the ECP had pleaded that fixing the date of election is not the mandate of the High Courts under the Constitution.
Previous hearing
During the last hearing, on May 15, the apex court bench had reiterated its desire that the two sides settle the matter through dialogue.
The chief justice directed to “find a solution to the narrative being created by both sides,” adding that PTI’s barrister Ali Zafar was right to say that “the ball is in the government’s court”.
He directed Barrister Zafar to talk to his leadership if the government invites him for talks.
There are “mature political parties” on both sides, the top judge observed before adjourning the hearing.
The Supreme Court had issued a notice to the parties while hearing the case on May 15.
Petition
In its plea, the electoral body has added that such a power exists elsewhere under the Constitution, but it does not lie in court and there is inherent wisdom in this division of powers.
The election watchdog further said that under the Constitution, the power to announce the date of general elections rests with any body other than any judicial body and therefore, the revised order violated the fundamental principle of the Constitution. The trichotomy of powers and thus is not sustainable.
Elections – Essentially a domain of the Election Commission under Article 218(3) of the Constitution read with other provisions of the Constitution, the conduct of elections is the sole responsibility of the Election Commission of Pakistan, the ECP had claimed. .
The ECP had said that in the presence of an elected government in Punjab, the general elections to the National Assembly cannot be held in a fair, just and rational manner, for example, an elected government in Punjab would certainly be able to influence. National Assembly General Election Results, with all resources.
“Therefore, fair elections cannot be held in the presence of an elected government in Punjab”, the review petition said, adding that the voter/voters are likely to vote in favor of the candidates of the political party which has an elected government in Punjab. .
Meanwhile, the federal government and the Punjab government on Monday filed their replies taking their stand on the review petition filed by the ECP.
More to follow…