IHCBA moves SC for date of Punjab, KP polls

ISLAMABAD: The Supreme Court was requested on Thursday to issue directions for announcing the date of election for the provincial assemblies of Punjab and Khyber Pakhtunkhwa (KP), ensuring constitutional obligation.

Islamabad High Court Bar Association (IHCBA) President Shoaib Shaheen filed a petition through the Supreme Court Bar Association president under Article 184(3) of the Constitution.

It has made the Election Commission of Pakistan (ECP) through the chief election commissioner, Punjab, KP governors, chief secretaries, Federation of Pakistan through the interior secretary as respondents.

The petitioner prayed the apex court to direct the ECP, governors to immediately announce the date of election for the provincial assemblies to ensure that elections are held within 90 days by the ECP as provided in the Constitution and the Election Act 2017.

He submitted that the Constitution has made it clear that general elections are to be held within 90 days if a legislature is dissolved, adding that after the dissolution of Punjab Assembly, the speaker had requested the respondents vide latter dated January 20, 2023, to fulfil his constitutional duties and immediately give a date, not later than 90 days from the date of dissolution for the general election of the assembly as required by Article 105(3)(a) of the Constitution.

He further submitted that even the ECP has intimated its concern over the inaction of the respondent governors in giving a specified date for the general elections.

However, despite the public pressure and the demand for an election, the Punjab and KP governors have paid no heed to their responsibilities and duties, the petitioner submitted.

He pleaded that the current situation of the state demands a fair and transparent election to be held without any further delay.

He submitted that the respondents are duty bound to hold elections within 90 days. Hence, the respondents’ inaction is unconstitutional.

He further submitted that the impugned inactions of the respondents are having a trickle-down effect of inefficiency, delay and loss on the whole system, which amounts to an unconstitutional act by the respondents. Specifically, the ECP is legally and constitutionally responsible to organise the arrangements and hold free and fair elections and perform its constitutional duties as mandated by Article 218(3) and under the Elections Act 2017 which directs the ECP to organise and make such arrangements as necessary for the conduct of free and fair elections.

The petitioner submitted that the respondents cannot exercise their constitutional powers according to their whims, adding that they are tasked with a critical constitutional duty. The date of election for the provincial assemblies cannot be left open because not only it would be in violation of the Constitution but also be against the basic principles of democracy and contrary to the fundamental rights of the people of Pakistan, Article 2-A and the preamble of the Constitution.