Three-member bench directs federal govt to provide Rs21b to ECP by April 10 for holding elections n Asks federal govt to provide security personnel to ECP for elections or other purposes by April 17 n Also directs Punjab cabinet, chief secretary and IGP to provide election security plan.

ISLAMABAD    -    Declaring the Election Com­mission of Pakistan (ECP) order of March 22, 2023 un­constitutional, the Supreme Court of Pakistan Tuesday ordered to hold Punjab pro­vincial assembly elections on May 14.

A three-member bench of the apex court headed by Chief Justice of Pakistan Justice Umar Ata Bandial, and comprising Justice Ijaz ul Ahsan and Justice Munib Akhtar announced its re­served judgment on the pe­titions filed by Punjab and KP Speakers and Pakistan Tehreek-e-Insaf.

The court order said, “Nei­ther the Constitution nor the law empower the Elec­tion Commission to extend the date of elections beyond the 90 days period as pro­vided in Article 224(2) of the Constitution.”

The order further said that the election programme no­tified by the Commission for the general elections to the Punjab Assembly stands re­vived and restored immedi­ately with certain modifica­tions. Therefore, last date for filing of appeals against decision of the Returning Officer rejecting/accepting the nomination papers is10.04.2023. Last date for decid­ing of appeals by the Appellate Tribunal is April 17 and publi­cation of revised list of candi­dates is April 18 while last date for withdrawal of candidature and publication of revised list of candidates is April 19.

Similarly, allotment of elec­tion symbols to contesting can­didates is April 20 and the poll­ing day is May 14. The polling day perforce must be shift­ed, and moved forward from 30.04.2023 to 14.05.2023.

The order said that the feder­al government shall forthwith and in any case by 10.04.2023 release and provide Rs21 bil­lion fund to the ECP for the gen­eral elections to the Punjab and KP Assemblies. It also added that the Commission shall, by 11.04.2023, file a report in the court stating whether the said funds have been provided and received and if so, whether in full or in part. 

It further said that the report shall be placed before the mem­bers of the bench for consider­ation in chambers. If the funds have not been provided or there is a shortfall, as the case may be, the court may make such or­ders and give such directions as are deemed appropriate to such person or authority as neces­sary in this regard.

Regarding the general elec­tions to the KP Assembly, the court order said that the Gover­nor KP counsel withdrew from such appearance on account of a certain stand taken by a polit­ical party to which he was also representing. The KP Governor, therefore, ceased to have rep­resentation before the court. In such circumstances, the matter relating to the KP province is not adjudicated upon, with per­mission granted to the petition­ers to file such petition and/or seek such relief before such fo­rum as is deemed appropriate.

The SC order said that the Commission shall be entitled to utilize the funds in the first in­stance for the purposes of the general elections to the Pun­jab Assembly. If there is there­after a shortfall for purposes of the general elections to the KP Assembly, the Commission may make an appropriate repre­sentation to this court for such consideration and orders as deemed appropriate.

It added that the Punjab care­taker cabinet and, in particular, the Chief Secretary and the In­spector General Police of that province must forthwith, and not later than 10.04.2023, pro­vide a plan acceptable to the Commission for, inter alia, pro­viding sufficient personnel for election duty and security pur­poses for the holding of the gen­eral election.

The bench said that further­more, and in any case, the Pun­jab government and all officials thereof must, in discharge of constitutional and legal duties and responsibilities, proactively provide all aid and assistance to the Commission for the holding and conduct of the general elec­tion. It continued that the fed­eral government must, in exer­cise of its powers and position in terms of Article 243(1) of the Constitution, and all other con­stitutional and legal powers in discharge of its constitution­al duties under Articles 148(3) and 220, provide all such aid and assistance to the Commis­sion as required by it for the holding and conduct of the gen­eral elections to the Punjab and KP Assemblies.

The order stated that the fed­eral government must make available all necessary person­nel, whether from the Armed Forces, Rangers, Frontier Con­stabulary and all other forces under the direct, indirect or ul­timate command and control of the said government, as are re­quired by the Commission for security and other purposes related to the general elections. In this regard, the federal gov­ernment must forthwith, and not later than 17.04.2023, pro­vide a plan acceptable to the Commission.

It maintained that if there is a failure by the federal govern­ment or the Punjab caretaker government to provide aid and assistance to the Commission and, without prejudice to the generality of the foregoing, in particular to comply with what has been set out hereinabove, the Commission may make an appropriate representation to this Court for such consider­ation and orders as deemed ap­propriate.

The bench further said that our attention has been drawn to certain matters that were pending in this Court (being SMC 1/2023 and CP Nos. 1 and 2/2023) and which were heard and decided on 01.03.2023 by a five-member Bench of the Court by a majority of 3:2 (CJP Umar Ata Bandial, Justice Munib Akhtar and Justice Muhammad Ali Mazhar; Justice Syed Man­soor Ali Shah and Justice Jamal Khan Mandokhail dissenting).

In particular, our attention has been drawn to the detailed rea­sons of the two judges in minori­ty (released on 27.03.2023), wherein it is, inter alia, stated that the said matters were de­cided (and dismissed) by a ma­jority of 4:3.

The order said: “Respectfully, the position as claimed by the judges in minority is erroneous and not sustainable in law.”

It also said that our attention has also been drawn to an order dated 29.03.2023 made in SMC 4/2022 by a majority of 2:1 by a three-member Bench (Jus­tice Qazi Faez Isa and Justice Aminuddin Khan, and Justice Shahid Waheed dissenting). The hearing of the present matter remained, and its decision by this Bench is, wholly unaffected by any observations made in the aforesaid majority order.