The Election Commission of Pakistan (ECP) has decided to file a miscellaneous application with the Lahore High Court in connection with the date for the polls in Punjab after the dissolution of its legislature, sources said on Wednesday.
LHC’s Justice Jawad Hassan was hearing a plea filed by PTI Secretary General Asad Umar seeking direction to the Punjab governor for immediately announcing the date of elections in the province to ensure polls within 90 days of the dissolution of the provincial legislature.
The commission would also present a report to Justice Jawad.
The judge had sought a report from the commission on the implementation of its orders.
The sources said the judge had not given his final verdict in the case.
The ECP in its report is expected to inform the court about its consultations with Punjab Governor Balighur Rehman and present its own viewpoint on the matter as well.
The governor had refused to give a date for the elections despite Article 105 making it mandatory for him to do so.
The sources said the governor’s stance was that as he had not dissolved the provincial assembly himself, he could not give the date for the polls.
They added that the ECP was not authorised to give the date for the elections.
The ECP would issue a schedule for the elections as soon as it received a date for conducting them.
During an earlier hearing, the court had sought a reply from the Punjab governor on the announcement of the elections date.
As the proceedings commenced on that day, the lawyer representing the ECP expressed his willingness for holding the elections, but in the next moment, told the court that a new development had occurred when the electoral watchdog received a letter from the principal secretary to the Punjab governor, wherein it was stated that the country was facing an economic crisis.
To this, Justice Jawad remarked there had been worse economic conditions in the past but even then the elections were conducted.
“There are several judgments which say the elections [must] be held within the stipulated time frame, the judge added.
PTI lawyer Barrister Ali Zafar argued that the ECP was placing the responsibility of giving the polls date on the governor while the latter wanted the former to proceed ahead with it.
He informed the court that the Constitution was very clear about the elections after the dissolution of a legislature.
He added that if the elections were not conducted in time, whatever the reason might be, it would be considered an “unconstitutional act”.
Justice Jawad inquired what the ambiguity was when the Constitution was very clear over holding the elections after the dissolution of an assembly.
“There are 90 days wherein the elections are to be held,” he added.
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