PTI moved SC against KP Governor Haji Ghulam Ali’s decision for setting October 8 as a polling date for KP elections

ISLAMABAD, April 06 (SABAH): The Pakistan Tehreek-e-Insaf (PTI) on Thursday moved the Supreme Court (SC) against Khyber-Pakhtunkhwa (KP) Governor Haji Ghulam Ali’s decision for setting October 8 as a polling date for KP elections.

The petition stated that “at the outset it is submitted that governor KPK has not appointed the date as mandated by the Constitution”, adding that the “Election Commission of Pakistan (ECP) has no jurisdiction or power to amend the Constitution and decide to hold the elections to the Provincial Assembly of KP or to any other assembly beyond the period of 90 days (from the date of dissolution of assembly) as mandated by the Constitution”.

The PTI further maintained in the petition that the ECP is a body that is bound to obey and implement the judgments of the apex court and has no power or jurisdiction to overrule or review the same.

The petition added that “under the Constitution, there is no provision in which an unelected and selected caretaker government can continue to operate for more than a period of 90 days”.

“The reasons given by the governor as well [the] ECP that the finances are not available or that law-and-order situation in the country is not conducive to hold the elections is, with respect, legally flawed and a disingenuous excuse to delay the elections,” added the petition.

The party requested the court to set aside the KP governor’s “impugned letter” as unlawful and direct the electoral watchdog in the circumstances of this case to hold KP polls not later than 90 days subject to the barest minimum to that timeframe.

It argued that the governor was not implementing March 1 order announced by the top court, adding that the governor had made announcement for elections on media but he later backtracked. Saying elections must be held within 90 days of the dissolution of the assembly, it argued that the governor had violated the court orders.

The PTI has pleaded the court to order the governor for announcement of the elections date, besides directing the provincial and federal government to provide assistance to the electoral body.