The Supreme Court of Pakistan, on Wednesday, ordered to hold elections in Khyber Pakhtunkhwa and Punjab within the next 90 days, with the chief justice highlighting that ‘democracy cannot exist without assemblies’.
The order was given by the apex court in the suo motu notice verdict announced by Chief Justice Umar Ata Bandial.
A five-member bench headed by CJP Bandial and comprising Justice Munib Akhtar, Justice Muhammad Ali Mazhar, Justice Mansoor Ali Shah, and Justice Jamal Mandokhail reserved the ruling after hearing the case for two consecutive days. In a 3-2 split case
In a three-two split decision, Chief Justice of Pakistan Umar Ata Bandial, Justice Munib Akhtar, and Justice Muhammad Ali Mazhar gave relief to the petitioners while Justice Mandokhail and Justice Shah dissented from the majority verdict.
“Parliamentary democracy is a salient feature of the Constitution. There can be no parliamentary democracy without Parliament or the provincial assemblies,” the ruling said. “And there can be neither Parliament nor provincial assemblies without the holding of general elections as envisaged, required and mandated by and under the Constitution and in accordance therewith”.
President’s power
The court also ruled that President Dr. Arif Alvi’s orders of April 9 polls will be binding on Punjab but not K-P maintaining that: “If the governor dissolved the assembly then the governor will announce the election date,” ruled the court.
Both provinces have been under caretaker governments since their assemblies were dissolved in January.
“The Election Commission must proactively be available to the president or the governor, and be prepared for such consultation as required for a date for the holding of general elections,” the order said further.
The court instructed the federal government to ensure that the provincial governments operate according to the constitution and to provide the Election Commission with the necessary personnel, facilities, and security for the election. The verdict has been eagerly anticipated, with Room No.1 of the court packed with journalists, lawyers, and political figures.
Key Points of the Verdict
- The appointment of election dates is the responsibility of the President or Governor.
- In Punjab, the President’s April 9th date for elections was deemed constitutional because the Governor did not dissolve the assembly.
- The President must consult with the Election Commission of Pakistan (ECP) before announcing the date for the Punjab polls.
- In KP, as the Governor dissolved the assembly on the advice of the CM, he must consult with the ECP before announcing the election date.
- The ECP is required to be readily available for consultation with the President or Governor to ensure the proactive scheduling of election dates.
Earlier Reservation of Verdict
Earlier on Tuesday, the Supreme Court of Pakistan had reserved its verdict on the issue of who has the authority to fix the date for the upcoming provincial elections in Punjab and Khyber Pakhtunkhwa (KP).
During a day-long hearing, the court asked political parties to consult and come back with a consensus date, but the Pakistan Muslim League-Nawaz (PML-N) said that it would take more time due to the involvement of the Pakistan Democratic Movement (PDM) coalition and consultations with the Pakistan Peoples Party (PPP).
The Attorney General for Pakistan argued that the power to fix the election date lies with the Election Commission of Pakistan (ECP), and the court observed that the ECP should not shy away from revealing any difficulty it faces in holding the elections. The PPP argued that it wants to participate in the polls if they are held in accordance with the law and under conducive circumstances.