SCBA to challenge ‘election delay’

ISLAMABAD: The president of the Supreme Court Bar Association, Barrister Abid S. Zuberi, has condemned the government’s decision to delay the general elections based on the 2023 census, citing it as unconstitutional.

In a statement issued here on Monday, he announced that a petition challenging the decision of the Council of Common Interests (CCI) will be filed before the Supreme Court of Pakistan.

Barrister Zuberi emphasised that it is the responsibility of the Election Commission of Pakistan to conduct general elections within the timeframe specified in the Constitution. He pointed out that Article 224(2) of the Constitution clearly mandates that elections must be held within 90 days of the dissolution of the assemblies. Thus, the election commission is bound to announce a date for the elections within the stipulated 90-day period, and any delay based on delimitation is deemed unconstitutional.

While acknowledging the need for an increased number of seats in the provincial and national assemblies due to the recent increase in population, Barrister Zuberi asserted that this can only be achieved through a constitutional amendment.

Furthermore, he expressed concern over the involvement of the provincial caretaker government in the CCI and the federal government’s decision to conduct general elections based on the 2023 census. Barrister Zuberi contended that such involvement exceeds their legal mandate, which is solely to ensure fair and transparent elections in the provincial assembly within the timeframe prescribed by the Constitution.

Referring to the Supreme Court’s recent judgements in SMC No. 01/2023 and CP No. 01/2023, Barrister Zuberi emphasised that the time periods set down in Article 224(1) and (2) are constitutional imperatives that must be faithfully followed. He asserted that conducting elections based on the 2023 census, which will inevitably cause a delay in the election process, is blatantly unconstitutional and infringes upon the fundamental rights of Pakistanis to be governed by a democratically elected government.

Barrister Zuberi raised concern over the potential disenfranchisement of the Pakistani nation and the weakening of the rule of law in the country due to election delay tactics. In light of the current political and constitutional crises, he called upon all political parties and leaders to set aside their differences and collaborate with the election commission in a fair and bipartisan manner to ensure a just, speedy, and transparent election.

He further announced that the SCBA’s office-bearers will urge the legal community across the country to initiate a nationwide peaceful struggle aimed at safeguarding the Constitution and the rule of law if general elections are postponed beyond the constitutionally prescribed timeframe. Barrister Zuberi expressed that such proactive action by the legal fraternity would be essential to uphold democratic processes and constitutional principles and restore stability, democracy, and the rule of law in the country.