Three-member bench of the Supreme Court on Friday declared the Election Commission of Pakistan’s order regarding delay in polls in Punjab “unconstitutional” and fixed May 14 as new date for the election in the province.
The bench which was headed by Chief Justice Umar Ata Bandial reserved its verdict on yesterday after hearing arguments of all the stakeholders.
In a written verdict, the apex court said “the impugned order dated 22.03.2023 made by the Election Commission of Pakistan is declared to be unconstitutional, without lawful authority or jurisdiction, void ab-initio, of no legal effect and is hereby quashed.”
The ruling said “Neither the Constitution nor the law empowers the Commission to extend the date of elections beyond the 90 days period as provided in Article 224(2) of the Constitution.”
The Federal Government has been directed to provide funds worth Rs 21 billion for holding election in Punjab and if it failed to comply, the appropriate order would ensue.
The court restored previous schedule with certain changes after perusal of a report submitted by the Defence Ministry on availability of security personnel for election duties.
The apex court ordered returning officers to accept nomination papers until April 10, and publish the candidates’ list by April 19.
The bench further noted that “other issues were also raised during the proceedings” and clarified that two judges had recused themselves from hearing the case.
The coalition parties a day ago submitted an application in the Supreme Court through the Attorney General for Pakistan (AGP), requesting a full court to hear the case. It also sought the dismissal of the PTI petition in the light of what it interpreted as a “4-3” order issued by the apex court on March 1.
However, the CJP rejected the government’s request for a full court and instead suggested that a larger bench could be sought.
