SC declares ECP order 'null and void', rules to hold elections in Punjab on May 14


The court upheld the decision of President Alvin; decided to continue the trial on the date of election Khyber Pakhtunkhwa


Islamabad: The Supreme Court of Pakistan on Tuesday upheld President Dr Arif Alvi's decision to hold elections on April 30 and declared "null and void" the decision of the Election Commission of Pakistan (ECP) to postpone the Punjab elections.

A three-judge bench headed by the Chief Justice of Pakistan (Umar Ata Bandial) and including Justice Munib Akhtar and Justice Ijazul Ahsan on Monday reserved its verdict after a trial for a week against Pakistan Tehreek-e-Insaf (PTI). . ) wish.

"The order dated 22.03.2023 (the "ECB Order") passed by the Election Commission of Pakistan ("Commission") is hereby declared unconstitutional, without statutory authority or jurisdiction, without legal effect. put it," read the sentencing transcript. published minutes after it was announced.

The ECP has postponed the elections in Punjab to October 8, originally scheduled for April 30 - due to recent terror attacks, shortage of security personnel and an unprecedented economic crisis.

The election process was in its fifth round after the ECP announced its decision on the "illegal order of the commission".

The Punjab Assembly, ruled by former prime minister Imran Khan, was dissolved in January on his orders. In addition to his desire for early national elections in the province, the cricketer-turned-politician is pushing for new elections, which both see as a way to bring political stability to Pakistan and boost its struggling economy.

Key insights from the Supreme Court decision

  1. The ECP said the March 22 order was unconstitutional
  2. SC ordered ECP to hold Punjab elections on May 14
  3. The federal government on April 10 ordered the ECP to provide $21 billion in funding
  4. The ECP asked the SC to report on the matter on April 11
  5. The government ordered to share the security plan with the ECP on April 17
  6. The Supreme Court will continue to hear the KP election

The court restored the Punjab election schedule with some changes. Phases 6-11 of the election program have continued.

The order said the last date for filing an appeal against the Returning Officer's decision was April 10 and directed the Punjab Appellate Tribunal to announce its decision on the appeal on April 17.

According to the agenda, the ECP ordered the polls to be held on May 14 and ordered the Punjab and KP Assemblies to conduct the general elections in a fair, just, fair and legal manner as required by Article 218. (3) of the constitution”.

The decision said polls in Punjab should be held on May 14. He directed the ECP to conduct fair and transparent elections under Article 218 (3).

On April 10, the federal government said it had released $21 billion in funds to the ECP and on April 11 ordered the body to submit a report on the matter.

"The council must submit a report to the court by April 11, 2023, stating whether or not the funds described in the report have been disbursed and, if so, whether all or part of it. The report must be sent to members of the senate for consideration." and in case of deficiency, the Court may make such decision and give directions to such person or body as may be necessary in this case.

It is also said that if the remedy is not given, the Supreme Court will issue an order to the concerned authorities.

The Supreme Court also ordered the federal government to provide resources like Rangers, FC personnel and armed forces and support to conduct provincial elections.

"... for security and other purposes connected with the general election," read the condition.

While the Federal Government of Punjab or the official Government of Punjab stated that unless the Commission provides such assistance and assistance and without prejudice to the general above, in particular, that it will not be in accordance with the aforementioned, the Commission can make. Representations to this Court for such orders and orders as it may think fit. .

The judgment also raised concerns about the 3-2 verdict delivered on March 1 and said the judgment delivered by Justice Qazi Faez Isa and Justice Amin-ud-Din Khan was "not legally binding".

Meanwhile, the three-member panel on Khyber Pakhtunkhwa elections said that the provincial governor does not represent anyone, so the matter will be discussed only at that level.

Before the decision was announced, the Ministry of Defense submitted a report explaining why the military refused to provide security for the polling stations.

Timeline of events

The Supreme Court accepted the appeal and started hearings on the same day, the same day, on the 27th, so six hearings were held over eight days, and the interested parties argued together.

Initially, five branches were formed consisting of CGP Bandil, Qazi Khan, Qazi Jamal Khan Mandakhil, Qazi Akhtar and Qazi Ahsan.

However, Judge Amin withdrew the case on March 30, citing the decision of the three branches that had stopped the case under Article 184, Section 3 of the Constitution.

The bench was then reduced to four members: CJP Bandial, Justice Mandakhil, Justice Akhtar and Justice Ahsan.

The next day, March 31, Judge Mandil also refused to speak, announcing that he had not been consulted before the bench was formed and that he wanted to resign.

A new bench comprising CJP Bandial, Justice Akhtar and Justice Ahsan was formed to hear the case.

The three-member panel listened to the talks of the prosecutors of Punjab and Khyber Pakhtunkhwa, the attorneys general of Pakistan, the prosecutors of the ECP and the ministers of defense and finance.

In these meetings, the coalition of Pakistan People's Party (PPP) and Pakistan Democratic Movement (PDM) demanded the formation of a full court to hear the case.

However, the Supreme Court rejected this request. The ruling coalition says that the three courts have not shown confidence in holding the hearing and do not accept this decision.

As the hearings were underway, Congress also passed the Supreme Court (Practice and Procedure) Bill, 2023, which reduced the powers of the Chief Justice. But President Aref Alavi has not yet signed it.

PTI, on the other hand, said it respects all judges and accepts whatever the court decides.

Tehreek-e-Insaf Deputy Chairman Shah Mahmood Qureshi told the news channel: "For us, every judge deserves respect and we have no objection to any of them. I just want a decision."

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