LHC orders ECP to hold elections in province within 90 days
Pakistan
LHC orders ECP to hold elections in province within 90 days
LAHORE (Dunya News) – Lahore High Court (LHC) on Friday ordered the Election Commission of Pakistan (ECP) to hold elections in the province in 90 days.
The LHC Justice Jawad Hassan pronounced the reserved verdict on plea filed by the Pakistan Tehreek-e-Insaf (PTI) seeking orders for the Punjab governor to immediately announce a date for an election in the province.
Read More: Instances when elections could not be held within 90 days in country
Justice Jawad Hassan accepted the PTI's petition and asked the electoral body to stage the polls within the constitutional limit. The court remarked that the ECP is bound to conduct the election in 90 days after dissolution of assembly.
The court also instructed the ECP to promptly declare the date for the election of the provincial assembly with the notification that specifies the reasons behind the decision after consulting with the governor of Punjab, who is the province’s constitutional head.
Verdict welcomed
PTI leader and former federal minister Fawad Chaudhry welcomed the “historic” ruling and said that it was a victory for the Constitution and the law. “The federal government should sit with us and discuss the national election,” he added.
— Ch Fawad Hussain (@fawadchaudhry) February 10, 2023
PTI leader and Senator Faisal Javed also welcomed the judgement, saying the people would make their decisions in the election.
— Faisal Javed Khan (@FaisalJavedKhan) February 10, 2023
Former Punjab chief minister Chaudhry Parvez Elahi while welcoming the decision said that the ECP should not delay the elections after court ruling.
He said that the decision has raised the prestige of the judiciary, adding that the judiciary maintained the supremacy of the constitution.
PTI secretary general Asad Umar said that Lahore High Court's decision is a success of Pakistan's constitution and democracy.
— Asad Umar (@Asad_Umar) February 10, 2023
Punjab Assembly Speaker Sabtain Khan said that the court has played a key role in bringing the country out of a constitutional crisis. He said that the constitution is clear, and the court has given a decision according to the constitution.
“The ECP should release the election schedule immediately instead of further delay, Mr Khan said and added the decision is a victory for the people of Pakistan.
— Farrukh Habib (@FarrukhHabibISF) February 10, 2023
On Jan 27, the PTI had approached the LHC, seeking it order the Punjab governor to immediately announce a date of an election in the province since the assembly had been dissolved. The ECP had recommended the elections be held between April 9 and 17.
The petition, filed through PTI General Secretary Asad Umar, stated that more than 10 days had passed since the dissolution of the Punjab Assembly the Punjab governor and the ECP to submit their replies to the court by Feb 10.
At the outset of the hearing, the governor’s lawyer maintained that Mr Rehman was not liable to give a date for elections when an interim cabinet has been formed. He pleaded the court to return the petitions as inadmissible with a fine on the petitioner.
IGP Punjab Usman Anwar and chief secretary also attended the hearing and assured that they would implement the decision of the court.
PTI lawyer Barrister Ali Zafar said President Arif Alvi could give a date for election as the IGP and chief secretary had assured of performing their duties. He said the president could announce the date through a notification.
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A day earlier, the governor also submitted his response in an identical petition filed by a citizen Munir Ahmed, stating: "It is emphatically denied that the answering respondent No 1 was in any manner obligated to appoint the date of elections when he has never dissolved the Assembly while acting on the so-called advice of the Chief Minister".
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He also rejected an impression that his move is creating any hurdles in the way of ECP to discharge its duties, calling the allegations “fallacious”.
During Thursday’s hearing, Mr Chaudhry pleaded the court to decide the case tomorrow (Friday) as further delay would affect the 90-day period enshrined in the Constitution for holding the elections.
The ECP lawyer told the court the electoral body was facing various impediments in holding the elections, including funds. The federal government’s lawyer, however, requested the judge to form a larger bench to hear the case.
Read also: Finance ministry asks ECP to delay its demand for extra budget for elections
The PTI lawyer said the government and the ECP were not serious in holding elections timely. Asad Umar warned that a Constitutional crisis would emerge if a date for elections was not announced within three days.
On Jan 14, the Punjab Assembly was dissolved without a nod from the Punjab governor. As per the law, the assembly stands dissolved within 48 hours of advice made by the chief minister whether the summary is not approved by the governor.
