ISLAMABAD: The Election Commission of Pakistan (ECP) has told the Supreme Court that it is not the mandate of the High Courts under the Constitution to fix dates for elections.
The election watchdog, through its lawyer Sujeel Shehryar, filed a review petition in the Supreme Court against its order issued on April 4 under Article 188 of the Constitution, which fixed May 14 as the date for holding elections in Punjab province. had gone “With utmost respect, it is not a mandate of the High Courts under the Constitution to fix a date for elections,” the review petition said, adding that such a power is elsewhere under the Constitution. Present but not in court.
The ECP said that since the courts are not experts in examining the facts on the ground to arrive at the desired result, the framers of the Constitution did not empower the courts to play the role of public institutions. “Therefore, in passing the revised decree, it is respectfully submitted, that the Court ignored its constitutional mandate and assumed the role of a public body in giving history; thus, an error requires the intervention of the court to correct which has effectively changed the settled constitutional principle of the country,” the ECP submitted.
It added that the Constitution of Pakistan is the mother of all laws of the country, which created the institutions and determined their powers, striking a delicate balance between each organ of the state.
The ECP argued that this distribution of power among various organs, known as the trichotomy of powers, is a feature of the Constitution and necessary for the smooth and efficient functioning of the country. The ECP maintained, “This well-embedded constitutional concept prevents the three organs from interfering and operating in the domain of the other.”
The Electoral Watchdog added that under the Constitution, the date of general elections is announced by any body other than a judicial body and therefore the revised order violated the basic principle of trichotomy of powers. Not durable.
“Elections – primarily a domain of the Election Commission under Article 218 (3) of the Constitution read with other provisions of the Constitution, conduct of elections is the sole responsibility of the Election Commission of Pakistan,” argued the ECP. What did
The ECP submitted that the Apex Court in its order dated 01.03.2023 relied on Section 57 of the Elections Act, 2017 to prescribe the President’s power to appoint the date on which the Assemblies have been dissolved by the lapse of time.
The ECP submitted that it can perform its constitutional duties and responsibilities only if required assistance and support is provided by the federal and provincial administrative authorities. However, the ECP said neither the funds were released nor the security concerns of the commission were addressed. “In an environment that is politically polarized and political parties are at odds with each other to the point of intolerance, and security threats are serious, the conduct of general elections must be free, fair and would not be honest”, the ground facts of the ECP debate need to be seen in their true context. If the National Assembly elections are held during the establishment of permanent governments in Punjab and KPK (total 73% seats of the National Assembly), then the elections in 73% general seats of the National Assembly will be sanctity, objectivity and fairness. Inevitably compromises have to be made,” the ECP maintained.
The ECP argued that the Supreme Court in its order had already invoked Article 254 of the Constitution and mandated the holding of elections beyond the specified period of 90 days. The ECP said, “With utmost humility, it is not suggested that Article 254 of the Constitution should be used to override the constitutional requirement of holding elections within 90 days, but the Hon’ble Court should take a closer look at the facts on the ground.” Need to be watched.”
