Federal & Punjab govts oppose early provincial polls, say SC did not hold the authority to give electoral dates

ISLAMABAD, May 22 (SABAH): The federal government and the caretaker Punjab government on Monday filed replies in the Supreme Court of Pakistan opposing early elections in the province and stated that the court did not hold the authority to give electoral dates.

Meanwhile the three-member bench of the apex court headed by Chief Justice of Pakistan Justice Umar Ata Bandial and comprising Justice Ijazul Ahsan and Justice Munib Akhtar will conduct hearing on the petition filed by Election Commission of Pakistan against the Supreme Court order regarding holding of Punjab Assembly elections today (Tuesday) at 12:15 PM. ECP has made Speaker Punjab Assembly Mohammad Sabtain Khan and others party in the petition. Sajeel Sheryar Swati will appear on behalf ECP, Barrister Syed Ali Zafar on behalf of Sabtain Khan and Attorney General for Pakistan Mansoor Usman Awan will represent the federal government.

On the other hand, the chief secretary of Punjab submitted a written reply to the top court on behalf of the Punjab caretaker government regarding the issue of SC giving a date for the election.

In its response, the Punjab government maintained that the apex court did not possess the authority to provide electoral dates, as that authority belonged to other institutions of the state, adding that under Article 218 of the Constitution, the Election Commission of Pakistan (ECP) held the power to conduct fair and transparent elections.

It continued that “in view of the division of powers, the Supreme Court did not give the date for the Khyber-Pakhtunkhwa election”, and that the ECP had the authority to change the election programme.

The Punjab government further said that after the arrest of Pakistan Tehreek-e-Insaf (PTI) chief Imran Khan, the civil and military property was damaged and 126 police personnel were injured, and 97 police vehicles were burnt in the violent protests.

It maintained that after May 9 riots, the security situation in the province had changed. It added that 554,000 security personnel were required for the provincial election, however, only 77,000 personnel were available at present.

In the same context, the federal government also requested a review of the verdict in the Punjab elections case. It submitted its reply to the Supreme Court at the request of the ECP.

The electoral watchdog had filed a petition in the SC, seeking a review of its order to conduct polls in Punjab on May 14.

In the plea, the commission maintained that changing the election programme was the solitary domain of the ECP under Section 58 of the Elections Act, 2017.

It added that the order was “per incuriam (lacking regard to the law or the facts) to the Constitution, law and previous judgments”.