ISLAMABAD: In a significant step, the Supreme Court of Pakistan upheld President Dr. Arif Alvi’s decision to hold elections on April 30 by declaring the Election Commission of Pakistan’s (ECP) decision to delay elections in Punjab “null and void” on Tuesday.
Following a week of hearings on the Pakistan Tehreek-e-Insaf (PTI) appeal, a three-member bench chaired by Chief Justice of Pakistan (CJP) Umar Ata Bandial and consisting of Justice Munib Akhtar and Justice Ijazul Ahsan reserved its decision on Monday.
The written decision, which was made public shortly after the oral decision, stated: “The impugned order dated 22.03.2023 (“EC Order”) made by the Election Commission of Pakistan (“Commission”) is declared to be unconstitutional, lacking legal authority or jurisdiction, void ab initio, of no legal effect, and is hereby quashed.”
Originally slated to take place on April 30, the election in Punjab was postponed by the ECP until October 8 due to a recurrence of terrorist attacks, a lack of security personnel, and an unprecedented economic crisis.
The ruling stated that “neither the Constitution nor the law permits the Commission to extend the date of elections beyond the 90-day term as established in Article 224(2) of the Constitution.”
When the ECP announced its judgement due to the “illegal order made by the commission,” 13 days had passed and the election process was in its fifth stage.
Imran Khan’s party, which at the time controlled the Punjab Assembly, ordered its dissolution in January. In addition to calling for early national elections, the former cricketer-turned-politician has been campaigning for new elections in the province. He sees both of these initiatives as ways for Pakistan to attain political stability and support its faltering economy.
| Last date for filing appeals against decision of the returning officer rejecting/accepting the nomination papers | April 10 |
| Last date for deciding of appeals by the appellate tribunal | April 17 |
| Publication of revised list of candidates | April 18 |
| Last date for withdrawal of candidature and Publication of revised list of candidates | April 19 |
| Allotment of election symbol to contesting candidates | April 20 |
| Polling day | May 14 |
With slight modifications, the court reinstated the election schedule for Punjab. The stages of the election program’s stages 6 to 11 were reinstated.
The judgement stated that challenges against the returning officer’s decision must be submitted by April 10 and instructed the Punjab Appellate Tribunal to issue decisions on appeals filed by April 17.
According to the announcement, the final list of candidates in Punjab should be made public by April 18, election symbols should be assigned by April 20, and the deadline for submitting nomination papers is April 19.
“By 11.04.2023, the Commission must submit a report to the Court indicating whether the aforementioned sums have been provided and received and, if so, whether they have done so in full or in part. The report will be presented to the judges so they can discuss it in chambers. The Court may issue any orders and give any directives to the person or authority required in this regard if the funds have not been provided or if there is a shortfall, as the case may be “Read it.
The judgement further said that, in the event that the money are not provided, the Supreme Court will give directions to the relevant authorities.
