PTI challenges ECP decision to delay polls in SC

Petition says move 'in violation of Constitution as well as apex court order'

ISLAMABAD:

The Pakistan Tehreek-e-Insaf (PTI) on Saturday approached the Supreme Court against the Election Commission of Pakistan’s decision to delay election in Punjab.

The party maintained that the ECP’s move “is in violation of the Constitution as well as the apex court order”.

The Supreme Court registrar office allotted a number to the PTI petition, without raising any objection.

The PTI petition added that the party has approached the SC as “the matter involved in the petition is of public importance with reference to enforcement of fundamental rights of the millions of people of Pakistan, particularly the people of Punjab and Khyber Pakhtunkhwa (K-P)”.

The move came after the electoral watchdog in a surprising development delayed the election in Punjab till Oct 8 on the grounds that it could not conduct transparent and peaceful polls on the scheduled date of April 30.

It said that the elections could not be held in Punjab under the circumstances conveyed to it by the law enforcement agencies, finance, defence, and interior ministries as well as Punjab chief secretary and others, who all opposed the polls on various grounds.

Subsequently, the ECP withdrew its notification regarding the elections in Punjab, postponing the voting for the provincial assembly until Oct 8, adding that a fresh election schedule would be announced in due course.

Meanwhile, in a separate constitutional petition, former Pakistan Muslim League-Nawaz (PML-N) leader Zafar Ali Shah asserted that the Election Commission's notification of March 22 was illegal and unconstitutional. Zafar requested the apex court to take action under Article 6 against those who had violated the court's decision, including Prime Minister Shehbaz Sharif, Maulana Fazlur Rehman, Rana Sanaullah and caretaker Punjab Chief Minister Mohsin Naqvi.

Additionally, Zafar urged that the chief election commissioner be removed from office while directing the Election Commission to hold the election according to the original April 30 schedule.

Further, Advocate GM Chaudhry submitted a third contempt of court petition in the SC, arguing that Prime Minister Shehbaz, the CEC, and the caretaker CM had failed to discharge their duties.

Chaudhry claimed that the prime minister and CM Naqvi were releasing funds for vested interests, while funds were also being allocated for development projects.

The petitioner also drew attention towards the statements made by the prime minister and federal ministers indicating an intention to delay elections.

Chaudhry requested that strict action should be taken against those who had violated the SC orders.

Finally, Awami Muslim League chief Sheikh Rashid's lawyer Azhar Siddique submitted the fourth contempt of court petition in the top court on behalf of his client.

A constitutional petition was filed with the SC, bringing to light the pressing issue of delay in elections of the Punjab and K-P assemblies, as well as the recent announcement by the ECP of holding the elections on Oct 8.

The petitioners were Punjab Assembly Speaker Muhammad Sibtain Khan, K-P Assembly Speaker Mushtaq Ahmed Ghani, and PTI Secretary General Asad Umar, who sought intervention of the court in this critical matter.

The petition cites the SC orders, which were issued on March 1, 2023, to the president and K-P governor to announce the date for the elections of the Punjab and K-P assemblies.

According to the Constitution, the elections were to be held within 90 days after the dissolution of these assemblies. However, the petitioners pointed out that the Punjab Assembly was dissolved on January 14, 2023, while the K-P Assembly on January 18, and thus, this 90-day window had lapsed.

(With additional input from our Peshawar correspondent)