LAHORE: The Lahore High Court late on Friday night directed the Election Commission of Pakistan (ECP) to ensure the conduct of elections in Punjab within 90 days.
Delivering the reserved judgment, Justice Jawad Hassan allowed the request of Pakistan Tehreek-e-Insaf (PTI) and asked the electoral body to conduct the elections within the constitutional limits.
PTI approached the High Court after repeatedly demanding the Election Commission to release the dates of elections in Punjab. The party dissolved the provincial assembly on January 14.
“…The ECP is directed to announce the date of elections to the Provincial Assembly of Punjab with immediate notification, explaining the reasons, after consultation with the Governor of Punjab as the constitutional head of the province. do, so as to ensure the conduct of elections. Not more than ninety days as mandated by the Constitution,” read the judgment.
Today’s hearing
During today’s hearing, Inspector General Punjab Police Dr Usman Anwar and Chief Secretary appeared in the court.
Top Punjab police officials and bureaucrats assured the court that they would follow the decision of the Election Commission of Pakistan (ECP). The Chief Secretary also said that he would follow the court’s order.
Meanwhile, when the ECP lawyer came to the rostrum, he said that the only issue before the court is who will give the date of the elections. He added that there has been talk of a provision in the law that would allow the ECP and the President to give dates for elections.
The lawyer objected to this stand and said that the ECP and the President are not parties to the case.
The lawyer said that the court cannot issue orders to those who have not been made parties to the case.
On this, PTI’s lawyer Barrister Ali Zafar said that the Election Commission has been made a party by amending the application. Hearing this, ECP’s counsel said that the President has not yet been made a party in the case.
Justice Hasan said that your objection is that ECP is not a party.
The lawyer told the court that the commission is not a party in giving the date of election. He also asked the Lahore High Court to reveal the law which states that the ECP is responsible for giving the date of general elections.
“The court itself has said that it does not want to issue a decision that cannot be implemented,” reminded the ECP counsel. He further said that the implementation of Article 220 is not the job of the electoral body.
“If my client is not providing funds, how is he going to hold elections?” He also told the court that the ECP needs full cooperation from the federal government.
“I object to the acceptance of this request. In law, the election date can be delayed,” the lawyer said. He reiterated that there is no law which says that the ECP is bound to give the date of elections.
Governor asked the LHC to reject the application
On the other hand, Governor Balighur Rehman’s lawyer Shehzad Shaukat said that allegations have been made against his client in all the petitions.
Shaukat said that if the governor had dissolved the assembly, he would have been asked to announce the date. He requested the court to reject the application as ineffective.
When the governor’s lawyer pushed the court that the governor is not bound to give the date of the elections, Justice Hasan said that if the constitution is not clear, can the president be asked to give the date of the elections.
“Read Article 48, the President has the same role as the Governor,” replied Shaukat.
President ready to give election date
PTI lawyer Barrister Ali Zafar while replying to the Governor’s counsel told the court that the Chief Secretary and IG have assured the court to fulfill their responsibilities.
Zafar also argued that the President can give the date of the elections, adding that the question of not giving the date of the election cannot be left unanswered.
The Governor, the President and the Election Commission may issue a date for the election by notification. Barrister Ali Zafar said that silence cannot be maintained on this. He further said that the President said no and if the court directs, he will follow the order.
