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Punjab and KP polls delay case: SC declares ECP's decision 'null and void'Breaking

April 04, 2023

The Supreme Court (SC) ruled on Tuesday that the Election Commission of Pakistan’s (ECP) decision to postpone polls to the Punjab Assembly till Oct 8 was unconstitutional. The reserved verdict was given by a three-member bench headed by Chief Justice of Pakistan (CJP) Umar Ata Bandial and comprising Justice Munib Akhtar and Justice Ijazul Ahsan.

The much-anticipated decision was announced by the apex judge in Court Room 1 where coalition leaders, journalists and lawyers were in attendance. Outside the apex court’s building, heavy security was deployed with a large contingent of police guarding the main entrance.Court ordered the electoral body to reinstate its previous election schedule under which polls were to be held on April 30, saying that the ECP could not go beyond the 90-day stipulated time.

It maintained that 13 days were wasted because of the ECP’s unlawful decision and directed the caretaker government in Punjab to assist the commission. The ECP postponed the date of the election in Punjab to October 8 initially scheduled to take place on April 30. Court stated that Constitution and law don’t allow ECP to extend election date. Federal government directed to give Rs21bn in funds to ECP by April 10. Nomination papers to be finalised by April 10, list of candidates to be published on April 19, electoral symbols to be issued on April 20.

Ahead of the expected verdict, the Ministry of Defence has submitted its report explaining the reasoning behind the army's refusal to provide security for the polls. As the top court accepted the plea and began hearing it on the same day, March 27, it held six hearings for a period spanning over eight days, in which parties involved presented their arguments.Initially, a five-member bench was formed, comprising CJP Bandial, Justice Amin-ud-Din Khan, Justice Jamal Khan Mandokhail, Justice Akhtar, and Justice Ahsan.

But on March 30, Justice Amin recused himself from the proceedings, citing a judgement from a three-member bench that halted proceedings under Article 184(3) of the Constitution.Then, the bench was cut down to four members — CJP Bandial, Justice Mandokhail, Justice Akhtar, and Justice Ahsan.

Ahead of the ruling, the Ministry of Defence submitted its report in a sealed envelope to the top court. Sources said the report contained reasons about unavailability of troops for elections in Punjab and Khyber Pakhtunkhwa. Meanwhile, a heavy contingent of police, Rangers and FC has been deployed while barbed wires have been placed around the top court as part of security measures to avoid any untoward situation. Furthermore, only relevant people will be allowed to enter the premises of the court after verification. People, who are visiting the apex court for their cases, will have to show the proof to enter the building.

Credit : Independent News Pakistan-INP