SC nullifies ECP’s decision on Punjab, KP elections

By Muhammad JuniadPublished On 04 Apr 2023

ISLAMABAD: The Supreme Court (SC) on Tuesday declared the Election Commission of Pakistan’s (ECP) March 22 decision on the Punjab and Khyber Pakhtunkhwa (KP) election null and void.

A three-member bench comprising Chief Justice of Pakistan (CJP) Umar Ata Bandial, Justice Ijazul Ahsan and Justice Munib Akhtar announced its much-awaited verdict on the PTI’s petition challenging the Election Commission of Pakistan’s order postponing the elections in Punjab and Khyber Pakhtunkhwa (KP).

The SC had reserved the judgment in the case after hearing arguments from Election Commission, PTI and Attorney General Mansoor Usman Awan

Ahead of the judgement today, the Ministry of Defence submitted its report to the Supreme Court (SC) through Attorney General of Pakistan (AGP) Mansoor Awan detailing the availability of security personnel for election duties.

Meanwhile, heavy security was deployed with a large contingent of police outside the apex court’s building.

The hearings in the case, which lasted over a week, witnessed high drama after Justice Mandukhel and Justice Aminuddin excused themselves from hearing the case.

However, the coalition government — which had been demanding a full court to hear the case, raised objection on the bench. The PDM government also sought the dismissal of the PTI petition in the light of what it interpreted as a “4-3” order issued by the apex court on March 1.

Separately, a resolution was also passed in the NA last week calling for the formation of a full SC bench to hear constitutional matters.

The resolution, moved by Minister for Information and Broadcasting Marriyum Aurangzeb, stated that the Election Commission of Pakistan is a constitutional body and any trespassing in ECP’s domain should be avoided and let the commission hold polling in a conducive environment as per its prerogative.

Notably, the Supreme Court also did not hear the arguments of lawyers representing the political parties that are part of the ruling coalition.

Law Minister Azam Nazeer Tarar has also said the government will not accept if top court decision is announced in haste. Azam Nazeer Tarar regretted that the suo motu proceedings were initiated by a nine-member SC bench, which had been relegated to three members. Justice Mandokhail, one of the senior judges on the bench, recused himself from hearing the case.

He was of the view that general elections across the country should be held simultaneously for the sake of political and economic stability.

The petition

PTI had challenged the election commission’s decision to change the date of election in Punjab and KP. Punjab and KPK assemblies’ speakers Sibtain Khan and Mushtaq Ghani have filed a joint constitutional petition on behalf of the Pakistan Tehrik-i-Insaf

The federation, Punjab and KPK were made parties along with the ministry of parliamentary affairs, ministry of law and the cabinet in the PTI petition

In the petition, PTI sought directions for the federal government to ensure law and order, provisions of funds and security personnel as per the ECP’s need to hold the elections.

It also requested the court to direct the Khyber Pakhtunkhwa governor to announce the date for elections to the provincial assembly.