Politics

Supreme Court dismisses ECP plea seeking review of Punjab elections verdict

Published

11 months ago

Farwa

Judge says verdict on original case had already been announced.
CJP declares ECP’s plea could not be accepted in current situation.
Justice Ahsan says ECP doesn’t have authority to extend polls date.

ISLAMABAD: The Supreme Court on Thursday dismissed the Election Commission of Pakistan (ECP) plea seeking review of the apex court’s verdict on holding Punjab Assembly elections on May 14.

“The court will intervene whenever there is a Constitutional violation,” Chief Justice of Pakistan (CJP) Umar Ata Bandial remarked during the hearing of the case.

A three-member bench, headed by CJP Umar Ata Bandial, Justice Ijaz Ul Ahsan and Justice Munib Akhtar, observed that the top election organising body did not have Constitutional right to extend the poll date.

During the hearing, the ECP’s counsel Sajeel Swati maintained that they had received the detailed order regarding the Punjab polls two weeks ago therefore they wanted to submit some additional documents in the light of this verdict.

He requested the court to give him a week time to prepare his arguments.

To which, Justice Akhtar remarked that the matter before the bench was a review petition and a verdict on the election delay case had already been announced.

Justice Ahsan observed that the Constitution does not give the ECP the authority to extend the election date, while the SC has also ruled the same.

Before wrapping up the case, the CJP declared that the ECP’s plea could not be accepted in the current situation, so it is being dismissed.

“The court will intervene whenever there is a Constitutional violation,” Chief Justice Umar Ata Bandial said.

It may be noted that the initial bench formed to hear the election delay case comprised five members, including the existing bench members and Justice Amin-Ud-Din Khan, and Justice Jamal Khan Mandokhail.

However, it was reconstituted multiple times due to the recusal of the two judges and subsequent dissolution.

Later, the diminished three-member bench rejected Attorney General for Pakistan (AGP) Mansoor Usman Awan’s request for the formation of a full court to hear PTI’s case against ECP’s decision to defer the polls.

ECP’s review petition

In April this year, a three-member bench of the top court headed by CJP Bandial and comprising Justice Ijaz Ul Ahsan and Justice Munib Akhtar declared the ECP’s decision to hold polls on October 8 instead of April 30 “illegal” and ordered the electoral watchdog to hold polls in Punjab on May 14.

However, the Commission filed a plea requesting the SC to revisit its order upon the expiration of the May 14 deadline set by the top court.

In a 14-page petition, the top election organising authority said that the apex court should review its decision as the judiciary “doesn’t have the authority to give the date of elections”.

“Such powers exist elsewhere under the Constitution but certainly not lie in a Court of law,” the ECP had said, citing various legalities and reasons behind its statement.

The electoral body accused the apex court of disregarding its constitutional jurisdiction, emphasising that it assumed upon itself the role of a public body in giving a date; “thus intervention by the court is necessitated to correct an error which has effectively changed the settled constitutional jurisprudence of the country”.

In a bid to ensure elections on the prescribed date, the three-member bench of the Supreme Court on April 14 ordered the State Bank of Pakistan (SBP) to allocate and release Rs21 billion from the funds held with it to the ECP.

On April 18, the ECP informed the top court that it had not yet received Rs21 billion required for holding elections to the Punjab Assembly on May 14.

CJP Bandial, on April 20, had remarked that the apex court could make some room and change the date of elections if all the political parties evolve a consensus. Later, the top court clarified that negotiations between the ruling Pakistan Democratic Movement (PDM) and the Pakistan Tehreek-e-Insaf (PTI) to end the political deadlock on the general election’s timeframe were initiated in a volunteer capacity and that the top court did not issue any direction in this regard.

In a three-page verdict of the April 27 proceedings of the Punjab election delay case, the Supreme Court said its April 4 verdict directing the ECP to hold Punjab polls on May 14 “remained unchanged”.

However, despite multiple rounds of negotiations, both sides could not develop a consensus on the matter and on May 3, the PTI submitted a report to the top court on negotiations with the then PDM-led government, requesting the apex court to ensure implementation of its April 4 judgment regarding holding elections to the Punjab Assembly on May 14.

It may be noted that the Punjab Assembly was dissolved earlier this year in January, on the directives of Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan in a bid to force the previous government in the Centre to hold snap polls.

Latest News

Containers were used to seal the Red Zone before JI’s sit-in at D-Chowk.

Published

17 hours ago

Farwa

Authorities in Islamabad have blocked off the Red Zone by erecting containers in front of today’s (Friday) Pakistan Tehreek-e-Insaf (PTI) demonstration and the Jamaat-i-Islami sit-in at D-Chowk in Islamabad.

Jamaat-i-Islami is scheduled to stage a sit-in at Islamabad’s D-Chowk, and the Pakistan Tehreek-e-Insaf (PTI) has declared a nationwide protest against the country’s soaring inflation and recent spike in electricity rates.

Containers have been used to block access to the Red Zone’s main crossroads, D Chowk, Nadra Chowk, and Sarina Chowk.

ISLAMABAD, PUNJAB SECTION 144

In the meantime, in response to PTI and JI plans for statewide rallies, the federal and Punjabi governments enforced Section 144 in Islamabad and Punjab. Section 144 will be in force from Friday, July 26 to Sunday, July 28, per the notification that was released in this regard.

Rallies, sit-ins, protests, and rallies are prohibited from July 26 to July 28, according to a letter from the Home Department. It said that terrorists may find public gatherings to be an easy target and stated that the decision had been made with the threat of terrorism in mind.

In contrast, JI Secretary General Ameerul Azeem claimed in a statement that police had raided the residences of JI officials across the nation.

In an attempt to break up the protest, he said, police had targeted JI leaders and activists. He also alleged that multiple instances of police raids, arrests, and harassment of women had occurred in various towns.

GOVT ADVISED

The government was forewarned by Jamaat Emir Hafiz Naeemur Rehman earlier on Thursday that it would face consequences if the party was barred from accessing Islamabad for their scheduled demonstration against inflation and an increase in electricity prices.

He stated in a statement that their belief is in peaceful political protest as a means of securing public rights. “We are not afraid of arrests, and the Jamaat-e-Islami cannot be stopped,” he added.

“The historic sit-in on Friday, July 26, will represent 250 million people of Pakistan, and we will sit peacefully at D-Chowk.”

According to the JI, convoys are in route from all around the nation to participate in the sit-in. He encouraged the administration to offer a location for the protest, highlighting that it is their constitutional and democratic right to speak up for the country.

“Any political party that wishes to participate” was invited, and he welcomed them all.

Prior to the sit-in, police raided the residences of JI leaders and officials in many parts of Punjab and Rawalpindi, making multiple arrests.

Ameerul Azim, the central secretary general of Jamaat-e-Islami, was not able to be arrested during the police raid; instead, Shaukat Mahmood, his driver, was taken into custody.

Latest News

The Socioeconomic Registry of Punjab. Real data gathering is essential to effective governance. Maryam

Published

17 hours ago

Farwa

Maryam Nawaz Sharif, the chief minister of Punjab, announced that the province will introduce the “Apna Ghar Scheme,” adding that accurate data collecting is necessary in order to provide social security to the impoverished.

At the Punjab Socio-Economic Registry’s opening event in Lahore, the Maryam announced that the province’s government has started the “Roshan Gharana” project, which aims to provide 4.5 million individuals with solar panels on manageable installment plans.

Maryam Nawaz, who emphasized the necessity of centralized data, stated that data has become increasingly important in recent years since it makes basic amenities more accessible and aids in the classification of the poor.

She stated that several initiatives are being taken by the Punjabi government to assist those with disabilities.

The Punjab government, led by Chief Minister Maryam Nawaz Sharif, is dedicated to providing relief to the poor, according to Senior Provincial Minister Punjab Marriyum Aurangzeb, who spoke on the occasion.

The government, she noted, is concentrating on health and education services.

Latest News

The ECP asks the SC to clarify the ruling in the PTI reserved seat case.

Published

2 days ago

Farwa

Seeking clarity on a court ruling concerning the allotment of particular seats to the Pakistan Tehreek-e-Insaf (PTI) party, the Election Commission of Pakistan (ECP) moved the Supreme Court on Monday.

ECP members reportedly agreed unanimously on the SC’s decision to consult the SC.

Particularly cited under Paragraph 10 of the Supreme Court ruling, the ECP has called attention to vagueness in the ruling. In order to determine which body is in charge of party certificate issuance, the ECP is asking the Supreme Court for advice.

Concerning the validity of PTI’s party structure, the ECP pointed out that the organisation hasn’t held internal elections.

In the lack of distinct party organisation and intra-party elections, there is ambiguity over which certifications hold recognition.

Position of ECP

The absence of intra-party elections, according to ECP sources, prevents Tehreek-e-Insaaf from operating as a legitimate organisation.

A plea for clarification on party certificate authority and recognition has been made to the Supreme Court by the ECP.

Resolving the existing ambiguity and guaranteeing proper electoral processes will depend on the Supreme Court’s clarity on these issues.

Continue reading: ECP orders implementation of SC ruling regarding PTI reserved seats

Previous to this, the Pakistan Tehreek-e-Insaf (PTI) reserved seat verdict will be implemented, according to a Friday announcement made by the Election Commission of Pakistan (ECP) of Pakistan.

On Friday, a meeting of ECP members was chaired by Chief Election Commissioner Sikandar Sultan Raja.

If the SC ruling is being carried out with any judicial decision becoming a roadblock, ECP has resolved to seek guidance from the judges in the room.

“The Supreme Court will be consulted for additional guidance in the event of any obstacles,” the ECP statement stated.

ECP declines resignation demand and political party criticism.

The chief election commissioner and members have been the target of persistent attack from a political party, which the highest electoral authority has sharply denounced. No political name was mentioned by the ECP.

The ECP called the demand for resignation from the party “absurd” and rejected the political party’s unjustified criticism, which had been made continuously.

Regardless of the pressure, the statement said, ECP would keep up its adherence to the law and the Constitution.