ECP’s surprise move catches SC off guard

Apex court may prioritise hearing petitions against CCI decision

ISLAMABAD:

The Election Commission of Pakistan (ECP) has taken the Supreme Court by surprise by commencing the delimitation process, citing the digital census notification issued by the Council of Common Interest (CCI) on August 5 as the basis for its action.

As the delimitation process will end in the month of December, the general elections cannot be held within 90 days—in November—as per Article 224 of the Constitution.

While reports of a meeting between Chief Election Commissioner (CEC) Sikandar Sultan Raja and Chief Justice of Pakistan (CJP) Umar Ata Bandial on Wednesday have not been officially denied, sources from both the Supreme Court and the ECP are refraining from confirming this development.

Some sources revealed to The Express Tribune that an informal message had been sent to the ECP, urging it to approach the apex court to seek clarity about holding elections within 90 days after notification of the new population census.

Read Elections delayed as ECP announces delimitation schedule

However, instead of approaching the SC, the ECP exercised its powers and decided to carry out the delimitation process. “Why should the ECP approach the SC as it is a constitutional body responsible to hold free and fair elections?” remarked a lawyer.

The ECP has already decided to file a review petition against the SC’s detailed judgement about the holding of general elections in Punjab and Khyber Pakhtunkhwa (K-P) on May 14. The judgement was authored by Justice Munib Akhtar and endorsed by CJP Bandial and Justice Ijazul Ahsan.

According to another lawyer, the ECP's announcement of a delimitation schedule came as a surprise, as it could have potentially delayed the matter until the final week of the incumbent CJP Bandial's term in office.

There is mistrust between CJP Bandial and other state institutions, especially the establishment.

As now the ECP has made a decision, there is a chance that CJP Bandial will list the petitions filed by the Supreme Court Bar Association (SCBA) president and others against the CCI August 5 decision.

The SCBA representatives associated with the pro-PTI section have requested the SC to direct the ECP to ensure holding elections within 90 days. It is also learnt that the PTI has also decided to challenge the ECP decision on carrying out delimitation prior to the general elections.

PTI Chairman Imran Khan has already approached the apex court seeking relief in criminal cases registered against him. It seems the PTI wants “political justice” from CJP Bandial before his retirement.

Former attorney general Ashtar Ausaf Ali said it is the ECP that has the responsibility, power, and authority to hold elections to the exclusion of all other institutions, including courts.

"It is the sole prerogative of the ECP to announce election schedules. The government and all other institutions will lend their support to the ECP," he added.

Read More PPP, PTI demand polls within 90 days

A senior PTI lawyer revealed that Imran's petition has been filed after consultation with senior lawyers especially Chaudhry Aitzaz Ahsan who commands great respect within the SC.

A lawyer said the PTI is still pinning hope on CJP Bandial to get relief before his retirement. This petition will be a last attempt to test the CJP before his retirement.

Some senior lawyers said the SC is severely divided into two camps. Therefore, CJP Bandial could not implement his decision on holding elections for the Punjab Assembly on May 14.

In the prevailing situation, it is difficult for the CJP to proceed with the petitions filed by the SCBA president and Imran Khan in the last month of his term. Some legal experts said the fate of these issues, especially elections, will be decided during the term of the next CJP, Qazi Faez Isa.