The Election Commission of Pakistan’s (ECP) decision to delay the Punjab Assembly elections until October 8 was declared “unconstitutional” by the Supreme Court on Tuesday, and the province’s elections will now take place on May 14.
“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 Punjab elections will take place on October 8 according to a statement made by the ECP on March 22. On April 30, the time was chosen after consulting with the president.
Supreme Court Judges Verdict on Punjab Polls
A three-judge panel, presided over by Chief Justice of Pakistan (CJP) Umar Ata Bandial and including Justices Munib Akhtar and Ijazul Ahsan, delivered the reserved judgement yesterday.
The following adjustments were made to the election schedule by the court:
- The last date for filing appeals against decision of the returning officer rejecting/accepting the nomination papers is April 10
- The last date for deciding on appeals by the Appellate Tribunal is April 17
- The revised list of candidates will be published on April 18
- April 19 will be the last date for the withdrawal of candidature and publication of the revised list of candidates
- Electoral symbols will be allotted to contesting candidates on April 20
- Polling will be held on May 14
The court noted that the ECP had explicitly declared during hearings that it would be able to arrange and manage the general elections for the Punjab and Khyber Pakhtunkhwa (KP) legislatures if given the required aid and assistance by the administrative authorities in the provinces and the Center.
With this in mind, the court ordered the federal government to release Rs. 21 billion in election funding to the ECP by April 10 for the elections to the Punjab and KP assemblies.
“The Commission shall, by April 11, file a report in the court stating whether the said funds have been provided and received and if so, whether in full or in part. The report shall be placed before the members of the bench for consideration in chambers.”
“If the funds have not been provided or there is a shortfall, as the case may be, the court may make such orders and give such directions as are deemed appropriate to such person or authority as necessary in this regard,” the SC order said.
It added that if there was a subsequent funding gap for elections in KP, the ECP “may make an appropriate representation to this court for such consideration and directives as judged necessary.”
It then instructed the ECP to use the funds for elections to the Punjab Assembly in the first instance.
The Punjab caretaker government, inspector general, and chief secretary (security) were also ordered by the court to submit an election security plan by April 10 to the electoral board.
“Furthermore, in any case, the Government of Punjab and all officials thereof must, in the discharge of constitutional and legal duties and responsibilities, proactively provide all aid and assistance to the Commission for the holding and conduct of the general election,” the apex court verdict said.
The document continued by stating that the federal government was obliged to give the ECP the support and resources it needed to conduct elections in Punjab and KP in order to fulfil its constitutional obligations.
To read our blog on “2023 Elections are not linked with bail-out package, IMF,” click here.
