ISLAMABAD: A three-member bench of the Supreme Court in Pakistan is currently hearing the review petition filed by the Election Commission of Pakistan (ECP) challenging the court’s previous order that set May 14 as the date for holding elections in Punjab. Despite repeated directives, the order was not implemented, and on May 3, the election commission filed an application seeking a review of the court’s decision.
The bench, headed by Chief Justice Umar Ata Bandial and comprising Justice Ijaz Ul Ahsan and Justice Munib Akhtar, is now reviewing the petition. The ECP argues that the authority to appoint the date for the election does not lie with the superior courts under the Constitution.
During the previous hearing on May 15, the Supreme Court bench criticized the ECP for changing its stance and raising a series of questions. The bench emphasized the importance of resolving the matter through negotiations and finding a solution that satisfies both parties.
Today’s Hearing
In the latest hearing, the legal counsel for the ECP, Advocate Sajeel Shehryar Swati, informed the court that responses from the federal and Punjab governments had been received, but the ruling party, Pakistan Tehreek-e-Insaf (PTI), had not submitted a written reply.
Chief Justice Bandial asked if the council needed assistance in understanding the content of the replies. He then directed the ECP’s advocate to explain how new grounds were being introduced in the review petition, referring to the previous hearing where questions were raised about the court’s powers.
Advocate Swati responded by stating that the Supreme Court’s rules, created by the court itself, adhere to the Constitution, and the court cannot exceed its criminal and civil jurisdiction. He also mentioned that Article 188, which pertains to the court’s authority to review its judgment, extends its powers to review petitions.
PTI submitted its response to the ECP’s review petition during the hearing, requesting the court to reject it. The party argued that the ECP had introduced new points in the review petition, which was not permissible. PTI further stated that the Supreme Court could not revive the doctrine of necessity as desired by the ECP and highlighted the importance of Article 224, which calls for holding elections within 60 days of the dissolution of an assembly.
The ECP’s review petition argues that while powers to announce the date for general elections exist under the Constitution, they do not lie within the jurisdiction of a court of law. The ECP maintains that the conduct of elections is its sole responsibility, as stated in Article 218(3) of the Constitution, and that the presence of an elected government in Punjab could influence the fairness of the elections to the National Assembly.
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The federal government and Punjab Government have filed their replies, aligning with the ECP’s stance in the review petition.
The ongoing hearings will determine the fate of the Punjab elections date, with the Supreme Court carefully examining the arguments presented by all parties involved.
