The Election Commission of Pakistan (ECP) on Wednesday has filed a review petition on the Supreme Court\u2019s order to hold elections in Punjab on May 14.
\nIt may be recalled that on April 4, Pakistan\u2019s Supreme Court had declared the Election Commission of Pakistan\u2019s decision to delay the assembly elections in two provinces, including Punjab, as \u201cunconstitutional\u201d and ordered the government to hold snap polls in Punjab on May 14.
\nThe Apex Court had also ordered the government to release 21 billion rupees ($73.17 million) to the election commission to organize the elections. The decision was made following a petition filed by the main opposition party, Pakistan Tehreek-e-Insaf (PTI), challenging the Election Commission of Pakistan\u2019s decision to delay the Punjab polls after the government refused to give funds to conduct the exercise citing the economic crisis.
\nThe electoral watchdog on Wednesday approached the SC, praying to invoke article 245 of the Constitution, arguing that the same article has been invoked multiple times in the past not only to retrospectively validate the actions taken under the Constitution which were outside the timeframe provided by the Constitution but also pre-emptively to make allowance for performance of the constitutional functions.
\nCiting Haji Saifullah\u2019s Case, ECP stated that the full Supreme Court excused the non-observance of 90 days timeline for holding elections and validated the holding of elections after about five and a half month period. Yet again, a larger bench constituted of 11 Honourable judges of the Supreme Court in Reference No. 1 of 1988\u2019s, extended the time of four months allowed under Articles 86 and 126 of the Constitution to incur expenditure beyond the period of four months, such expenditure being unavoidable and on account of state necessity.. This Hon\u2019ble Court vide the order under review has itself used Article 254 of the Constitution pre-emptively and mandated the holding of elections beyond the specified period of 90 days.
\nThe ECP in its plea said \u201cit is not suggested that article 254 of the Constitution should be used to stultify the constitutional imperative of holding elections within 90 days, but the Hon\u2019ble Court needs keenly to look at the ground realities. It is reiterated that all provisions of the Constitution are required to be read together in harmony so as to make the provisions effective, workable and meaningful.\u201d
\nThe ECP prayed to the Supreme Court to accept the instant Review Petition by revisiting, reviewing, reconsidering and recalling its Impugned Judgment dated 04.04.2023, in the interest of justice and equity.<\/p>\n","protected":false},"excerpt":{"rendered":"
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