ISLAMABAD:The Supreme Court on Wednesday ruled that elections in Punjab and Khyber Pakhtunkhwa (KP) should be held within 90 days.

 

The ruling was announced by the Chief Justice of Pakistan (CJP) Umar Ata Bandial, who headed a five-member larger bench comprising Justice Munib Akhtar, Justice Muhammad Ali Mazhar, Justice Mansoor Ali Shah and Justice Jamal Mandokhail.

 

The verdict was split 3-2 with Justice Mansoor Ali Shah and Justice Jamal Khan Mandokhail dissenting with the majority. CJP Umar Ata Bandial, Justice Munib Akhtar and Justice Muhammad Ali Mazhar supported the ruling.

 

The larger bench had reserved its verdict after conducting hearings for two consecutive days- Monday till Tuesday- in the suo motu case regarding delay in the announcement of date for the election of Punjab and KP assemblies. The ruling said that, “Parliamentary democracy is a salient feature of the Constitution. There can be no parliamentary democracy without Parliament or the provincial assemblies”.

 

The ruling further said that, “And there can be neither Parliament nor provincial assemblies without the holding of general elections as envisaged, required and mandated by and under the Constitution and in accordance therewith”.

 

The court also ruled that, “The order of the president dated Feb 20 is constitutionally competent and it applies to the Punjab Assembly, but the same is constitutionally invalid insofar as it applies to the KP Assembly and is therefore hereby set aside.

 

“The governor of KP, in as much as he has not appointed a date for the holding of the general election to the assembly of that province is in breach of his constitutional responsibility,” the ruling highlighted.

 

“If the governor dissolved the assembly then the governor will announce the election date,” the court ruled and held that the president and the Election Commission of Pakistan (ECP) should announce polls in Punjab after consultation.

 

The verdict reads that ‘in ordinary circumstances, the general election to the Punjab Assembly ought to be held on 09.04.2023, the date announced by the president in terms of his order of 20.02.2023.

 

“However, we are informed that on account of the delay in the emergence of the date for the holding of the general election, it may not be possible to meet the 90-day deadline stipulated by the constitution”, the verdict stated, ordering the ECP to propose a date that is as close as possible to the one proposed by the president.

 

The court said that, “After consultation with the ECP, the president shall announce a date for the holding of the general election to the Punjab Assembly.” The court ordered the KP governor to announce the date for polls after consulting with the ECP. The court also instructed the federal government to “ensure that the government of every province is carried on in accordance with the provisions of the Constitution”.

 

“The federal government is inter alia obligated on an immediate and urgent basis, to forthwith provide the Election Commission with all such facilities, personnel and security as it may require for the holding of the general elections,” the verdict said. The court, subsequently, disposed of the matter.