ECP cannot change election date: SC dismisses review of Punjab polls case

ISLAMABAD: The Supreme Court on Thursday dismissed the Election Commission of Pakistan (ECP) plea seeking review of the apex court’s verdict on holding Punjab Assembly elections on May 14.

“The court will intervene whenever there is a Constitutional violation,” Chief Justice Umar Ata Bandial remarked during the hearing of the case.

The Supreme Court rejected the request of the Election Commission to adjourn the case till next week. ECP’s lawyer Sajeel Swati said the detailed verdict was received two weeks ago and sought time to make additions to the review petition.

Justice Muneeb Akhtar said the election commission cannot deny its responsibility under any circumstances. “The Constitution of Pakistan is not a domain of the election commission. The Constitution belongs to the people. This is what the rule of law means,” the judge said.

He said the Supreme Court will come forward if the election Commission cannot hold the elections in 90 days. He said the Constitution does not empower the election commission to change the date of elections.

CP Banadial said the election date will be changed by constitution and law and not executive order. He asked the ECP counsel to point out any mistakes in the verdict. He said the Election Commission assured to provide security and funds to conduct the election

“If the Election Commission cannot hold the election in 90 days, then the solution has been given in the decision,” Justice Muneeb Akhtar said, adding that the ECP does not have the authority to change the election date.

The ECP’s lawyer said Sections 57 and 58 of the Election Act have been amended and it is now the responsibility of the ECP to give the election date.

Justice Muneeb Akhtar said the election date has nothing to do with the review petition case. He said the Constitution gives the Chief Election Commissioner the authority not the responsibility of the Election Commission.

CJP Bandial said constitutional powers should used by the Election Commission to fulfill constitutional obligations. Justice Ijaz-ul-Ahsan said the election commission is responsible for conducting clean and transparent elections.

Justice Muneeb Akhtar said the constitution states that elections should be held within ninety days, but the ECP said has the authority to change the date. He said the court does not agree with the argument of the ECP.

In April this year, a three-member bench of the top court headed by CJP Bandial and comprising Justice Ijaz-ul-Ahsan and Justice Muneeb Akhtar declared the ECP’s decision to hold polls on October 8 instead of April 30 “illegal” and ordered the electoral watchdog to hold polls in Punjab on May 14.

The ECP filed a plea requesting the court to revisit its order upon the expiration of the May 14 deadline set by the top court. It said the apex court should review its decision and maintained the judiciary doesn’t have the authority to give the date of elections.

On April 14, the Supreme Court ordered the State Bank of Pakistan (SBP) to allocate and release Rs21 billion from the funds held with it to the ECP. Days later, the ECP informed the top court that it had not yet received the funds required for holding elections to the Punjab Assembly on May 14.