SC moved to hold provincial, general elections on same day

Petitioner notes without presence of security forces holding polls will become a 'risky affair'


Hasnaat Malik March 30, 2023
A policeman walks past the Supreme Court building in Islamabad, Pakistan, on November 28, 2019. (AFP/File)

ISLAMABAD:

A petition was filed in the Supreme Court (SC) on Thursday for holding elections in the national and provincial assemblies on the same date. 

Malik Faisal Mahmood, a resident of Punjab’s Talagang, moved the apex court through Malik Kabir advocate.

“An important question of public importance has arisen and this August Court may kindly declare the effects of the provision of the Constitution of the Islamic republic of Pakistan with regard to holding of Elections of provincial assemblies of Punjab and Khyber Pakhtunkhwa (K-P),” stated the petition.

The petition added that the “postponement of provincial assemblies till the holding of general elections will resolve the issue of mistrust, impartiality this time and the time to come and the Constitution of Islamic Republic of Pakistan will be implemented in true letter and spirit”.

Read: Legal fraternity backs polls on time

The petitioner also noted that holding elections on different dates “will have additional financial effects” and without the presence of security forces will become a “risky affair”.

“The non-availability of security forces for election duties due to prevailing security situation should be given top consideration,” added the petition.

Mahmood further requested the court to ensure the impression of transparency, elections of NA and provincial assemblies should be held on one date for which the elections of Punjab and K-P be delayed till the date of general elections.

The petition stated that the provincial assembly elections “be delayed till the completion of census in the country”.

A day earlier, the Election Commission of Pakistan (ECP) notified October 8 as the date for elections in K-P.

Also read: President questions timing of judicial reforms

Moreover, last Wednesday, the ECP had delayed the election in Punjab until October 8 on the grounds that it could not conduct transparent and peaceful polls on the scheduled date of April 30.

However, the PTI, which had dissolved its government in both the provinces in a bid to ratchet up pressures against the ruling coalition to announce early elections, moved the Supreme Court against the ECP’s move.

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

A day earlier, Chief Justice of Pakistan Umar Ata Bandial had observed that the ECP had no right to postpone the Punjab Assembly elections.

A five-member larger bench, headed by CJP Bandial, and comprising Justice Ijazul Ahsan, Justice Munib Akhtar, Justice Aminuddin Khan and Justice Jamal Khan Mandokhail heard the case.

The PTI is likely to challenge the ECP’s decision to hold the elections in K-P in the SC as well.

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