ECP files review petition against SC verdict on Punjab polls
Pakistan
Says appointing date for the election is not the mandate of superior courts
ISLAMABAD (Dunya News) – The Election Commission of Pakistan (ECP) on Wednesday filed a review petition against the Supreme Court’s order of holding snap elections in Punjab, saying appointing the date for the election is not the mandate of superior courts under the Constitution.
On April 4, a three-member bench, headed by Chief Justice Umar Ata Bandial and comprising Justice Munib Akhtar and Justice Ijazul Ahsan, declared an ECP order to put off elections in Punjab illegal and ordered polls on May 14. The top court ruled that the electoral body carried out an unconstitutional act by delaying the polls.
“With utmost deference, the appointing of the date for the election is not the mandate of superior courts under the Constitution. Such power exists elsewhere under the Constitution but certainly not lie in a Court of law. There is inherent wisdom in that. Since the Courts are not experts in assessing the ground realities in order to arrive at requisite conclusions, the framers of the Constitution did not grant the Courts a jurisdiction to assume the role of public bodies. Therefore, while passing the Impugned Order under review, it is respectfully submitted, that the Court disregarded its constitutional jurisdiction and 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,” the ECP wrote in its petition.
It said the Constitution of Pakistan was the “mother of all laws” in the country as it created institutions and defined their powers, striking a delicate balance between each organ of the state.
“This division of power between different organs, popularly known as trichotomy of powers, is the hallmark of the Constitution and essential sine qua non for smooth and efficient functioning of the country. This well embedded constitutional concept isolates the three organs from interfering and treading into the domain of the other,” it stressed.
The commission is of the view that the change of election programme was the solitary domain of the ECP under section 58 of the Elections Act, 2017.
“The order under review appoints a date of 14.05.2023 for holding the general elections in Punjab by holding that the Commission had no power to pass order dated 22.03.2023,” it said, adding that under no provision of the Constitution or the law, the apex court could have taken such an exercise upon itself to appoint the poll date.
ECP v Sibtain Review d5 (1) by Mehar Mahmood Idrees on Scribd
“The Hon’ble Court’s order that the executive authorities should come up with security plan acceptable to the Commission has actually divested the powers of the Commission to itself and made the Commission virtually toothless. The ECP appears to simply have no choice, given the strict timeline to meet for the elections, but to accept as a fate accompli, a security plan which may be compromising the integrity, honesty and fairness of the elections and thereby undermining the constitutional imperative as contained in Article 218(3) of the Constitution,” reads the petition.
It feared that elections for the National Assembly could not be held in a fair way in the presence of the elected government in Punjab as it could influence the outcome of the general elections.
“That in view of the aforesaid it is most respectfully prayed that this August Court may graciously 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,” the petitioner concluded.
