ISLAMABAD: Leaving no room for “interpretation”, Chief Justice Umar Ata Bandial ordered the Election Commission of Pakistan (ECP) to implement the judgement of the Lahore High Court (LHC) on general elections in Punjab in letter and spirit.
Last week, the high court ordered the electoral watchdog to hold elections in the province within 90 days of the dissolution of the assembly disbanded more than a month ago.
But on Tuesday, Punjab Governor Balighur Rehman announced he was seeking clarity on his role in the consultative process for the election date and has decided to approach the court for interpretation of its judgement.
According to the Constitution, the assembly was automatically disbanded 48 hours after the chief minister called for it to be dissolved. The document also stipulates that elections must be held within 90 days.
Wednesday’s directives from the Supreme Court came during a hearing on a petition filed by a group of former Punjab Assembly lawmakers from Pakistan Tehreek-i-Insaf (PTI) who were de-seated for not following party lines during the election for the office of Punjab chief minister in April of last year.
The following month, the commission disqualified 25 lawmakers who had defected and voted for the vice president of Pakistan Muslim League-Nawaz (PML-N), calling their action “a serious issue and worst form of betrayal of the electorate and party’s policy.”
The disqualified lawmakers subsequently approached the Supreme Court against the verdict.
The plea was dismissed on Wednesday after a lawyer for the petitioners informed the bench that it was inadmissible following the dissolution of the provincial parliament.
During the proceedings, Justice Bandial, who was heading the three-judge bench including Justice Ayesha Malik and Justice Athar Minallah, noted the issue of restoring the dissident lawmakers was over since the assembly had been dissolved.
He then asked the election commission what it was doing to comply with the directives issued by the high court to schedule the elections. At this, the director-general for law at the tribunal informed the bench that the commission had met with Punjab Governor Baligh ur-Rehman on the issue the previous day.
He added that the governor had directed the ECP to seek further clarity on the matter. When asked whether it was the governor or the election commission’s domain to take the legal route, the official said it was the governor’s responsibility.
Justice Malik interjected at this point and asked why the ECP was consulting with the governor, questioning whether the Constitution made it obligatory for the commission to consult the governor before the polls.
Justice Bandial told the ECP counsel the high court had ordered them to hold elections, and they should implement its order. The official informed the bench that the court had also directed them to consult with the governor.
“If the high court has given this order, then follow it,” Justice Bandial remarked before disposing of the plea.
LHC seeks report from ECP on Punjab election date
The Lahore High Court (LHC) on Wednesday sought a report from the Election Commission of Pakistan (ECP) and others about progress made regarding announcement of the date for the provincial assembly elections till February 23.
Justice Jawad Hassan passed the orders while hearing a contempt petition, filed by one Munir Ahmad, against the Punjab governor, the chief election commissioner (CEC) and others for not announcing the date for the election in the province despite clear orders by the court.
During the proceedings, the petitioner’s counsel argued that the court had ordered the ECP to announce a date for general election in the province after holding consultations with the Punjab governor. He submitted that the respondents failed to comply with the court directions in true perspective. He pleaded with the court to initiate contempt proceedings against the respondents for not complying with the court orders.
However, an additional attorney general apprised the court that the ECP was holding meetings on a day-to-day basis for consultation with the Punjab governor, as per the court order, and even today (Wednesday), a meeting was held in that regard.
At this, the court referred to the statement of the additional attorney general and asked the petitioner’s counsel what was contemptuous in the matter, adding that the order was passed on February 10.
The petitioner’s counsel submitted that he would obtain fresh instructions from his client in order to further assist the court.
Subsequently, the court adjourned further hearing till February 23 and directed the respondents to submit a report about progress made in the matter so far, till the next date of hearing, while issuing notices.
