SC questions ECP consultation with Punjab governor

ISLAMABAD: The Supreme Court (SC) on Wednesday questioned the consultation process of the Election Commission of Pakistan with the Punjab governor for holding elections in the province, and directed the ECP to implement the Lahore High Court (LHC) orders in letter and spirit.

A three-member SC bench, headed by Chief Justice Umer Ata Bandial and comprising Justice Athar Minallah and Justice Ayesha A Malik, heard the appeals of dissident members of Pakistan Tehreek-e-Insaf (PTI) against the ECP verdict.

Last year in May, the Election Commission de-seated 25 MPAs of Pakistan Tehreek-e-Insaf (PTI) for defying the party directives and voting for Hamza Shehbaz for the post of Punjab chief minister.

The dissidents PTI Members of the Punjab Assembly including Ayesha Nawaz, Zehra Batool, Haroon Imran Gill, Ejaz Masih, Mohsin Atta Khan Khosa, Uzma Kardar and Sajida Yousaf challenged the ECP decision in the Supreme Court. On Wednesday, the court dismissed the appeals for being infructuous after the dissolution of the Punjab Assembly.

During the course of the hearing, CJP Umar Ata Bandial asked the DG (Legal) Election Commission of Pakistan about the progress made on holding elections in Punjab after orders were issued by the Lahore High Court for the date of elections.

The official informed the court that a delegation of election watchdog had a meeting with Governor Punjab Balighur Rehman on the issue; however, he submitted that minutes of the outcome of the meeting was not yet received.

The CJP asked the DG why the ECP was consulting the governor for the date of elections in the province. Whether the legal way had to be taken by the governor or the Election Commission, the CJP asked the ECP’s legal officer.

The official replied that it was the domain of the Punjab governor. Justice Ayesha A Malik, another member of the bench, asked the ECP official why the electoral body was consulting the governor.

“Whether the Constitution makes it liable for the ECP to consult the governor before holding elections in the province,” she asked the official. Justice Athar Minallah, also a member of the bench, observed that maybe the high court had directed the ECP to consult the governor. The CJP observed if the high court had directed the ECP to hold consultations with the governor, then the electoral body should follow it.

The chief justice, however, directed the DG ECP (Legal) that as the high court had directed for holding elections in the province, the order should be implemented in letter and spirit.