CJP gives important observations over petition on cancelation of provincial elections by ECP

CJP gives important observations over petition on cancelation of provincial elections by ECP

ISLAMABAD – The Supreme Court of Pakistan on Monday issued notices to theElection Commission of Pakistan (ECP) for putting of the elections inPunjab, besides seeking guarantees from the government and PakistanTehreek-e-Insaf (PTI) to bring the political intolerance to an end forpeaceful, and transparent elections.

A five-member larger bench, headed by Chief Justice of Pakistan (CJP) UmarAta Bandial and comprising Justice Ijaz ul Ahsan, Justice Munib Akhtar,Justice Amin-Ud-Din Khan and Justice Jamal Khan Mandokhail, heard a jointconstitutional plea regarding the date for polls in Punjab and KhyberPakhtunkhwa after the electoral body and KP governor proposed delay inpolls citing security and financial constraints.

The apex court has also issued notices to governors of two provincesthrough the chief secretary.

During the hearing, the chief justice remarked there was also need ofassurance from the government and the PTI that the elections would bepeaceful, transparent, and fair.

“If they want elections, they have to give guarantees,” the top judgeremarked, adding it was up to the parties to decide what those assuranceswould be like.

He said the Constitutions did not only meant to topple each other’sgovernments but it was here to provide relief and happiness to people .

Saying the ongoing political intolerance has made the atmosphere poisonous,he said election could be held only in favourable conditions, adding: “Noone can deny the facts”.

Justice Bandial asked both the government and the PTI to decide what isbest for Pakistan.

While commenting about the jurisdiction of the ECP, the top judge said thatit was just institution and it needed resources and support to hold pollsin the country.

He said elections were essential to run the governance system in thecountry, adding Article 218 of the Constitutional asserts transparency inelections.

At one point, PTI’s counsel Barrister Ali Zafar said as per theConstitution elections must be held within 90 days and they could not bedelayed for five months after the deadline.

The PTI moved the Supreme Court after the ECP announced postponement of thePunjab polls until October 8 after financial and security authoritiesexpressed their inability to support the electoral process.

In light of the Supreme Court’s split ruling last month, President ArifAlvi announced April 30 as date for the Punjab polls.

At one point, Justice Munib Akhtar remarked that the Election Commission ofPakistan’s (ECP) decisions to delay the polls had become an “obstruction”in the way of the apex court’s orders.

Meanwhile, the additional attorney-general of Pakistan requested the courtto adjourn the case for two to three days. However, the request wasrejected by the court.

During the hearing, the additional attorney-general sought adjournment ofhearing till the appointment of new AGP, saying Barrister Shehzad Elahi hadresigned from the post.

However, the chief justice said that the nominated attorney-general hadvisited him earlier today and would join the proceedings by tomorrow. Headded that the court was determined to dispose of the case as soon aspossible.

The top judge directed the ECP to submit answer of the questions raised bythe PTI in its petition.