ISLAMABAD   -    The Supreme Court of Pakistan was Thursday urged to direct Election Commission of Pakistan (ECP) and the Governors of Punjab and Khyber Pakhtunkhwa (KP) to immediately announce the date of election for pro­vincial assemblies of Punjab and KP.

In this regard, the Islamabad High Court Bar Association (IHCBA) filed a constitutional petition through its President Muhammad Shoaib Sha­heen Advocate and cited Election Commission of Pakistan, Governors Punjab & Khyber Pakhtunkhwa, Federal Secretary Ministry of Inte­rior, Chief Secretaries Punjab and KPK as respondents. The Punjab As­sembly was dissolved on 12th Janu­ary, while KPK Assembly dissolved on 18th January. Shoaib Shaheen submitted that the Constitution had made it clear that the general elec­tions are to be held within 90 days if the assembly is dissolved.

IHCBA president stated that the respondents are duty-bound to hold general elections within 90 days of assembly dissolution. Hence, the in­action of the respondents in this re­gard is unconstitutional. He added that the respondents, due to their slackness have undermined the principle of good-governance, the Constitution and the State. There­by, the impugned inactions of the respondents are liable to be put in check with a stern reminder to the respondents by this August Court about their Constitutional duties.

The petitioner further said that Ar­ticle 224(2) and Article 105 (3) (a) of the Constitution make it clear that the elections must be held within 90 days and the failure on part of the respon­dents in undermining and jeopardiz­ing the whole scheme of the Constitu­tion regarding the conduct of free and fair elections after dissolution of an Assembly. He continued that the im­pugned inactions of the respondents are having a trickle-down effect of in­efficiency, delay and loss on the whole system, which amounts to an uncon­stitutional act by the respondents.

The petitioner said that the ECP is legally and constitutionally respon­sible to organize the arrangements and hold free and fair elections and perform its constitutional duties as mandated by Article 218(3) and un­der the Elections Act 2017 which di­rects the ECP to organize and make such arrangements as necessary for the conduct of free and fair elections.

He maintained that as per section 57 (2) of the Election Act 2017, the ECP has to announce the Election Program within seven days of the an­nouncement of the election date and fifty-four days will be required for the completion of all activities for the elections. He said that the failure on part of the respondents no.1 to 3 may result in hap-hazardous elections due to the ECP not having enough time to make adequate arrangements for the smooth running of the elections, which is the most important aspect of the whole democratic process. The pe­titioner said that the date of election for the Provincial Assemblies cannot be left open because not only would it be in violation of the Constitution and amount to its subversion but it would also be against the basic principles of democracy and contrary to the funda­mental rights of the people of Pakistan and contrary to Article 2-A and the preamble of the Constitution