SC fixes May 14 as new Punjab Poll Date After Ruling ECP’s Order to Delay elections

The Supreme Court ruled out the Election Commission of Pakistan’s (ECP) decision to postpone polls to the Punjab Assembly till Oct 8 was “unconstitutional” and fixed May 14 as the date for polls in the province.

“The impugned order dated 22.03.2023 made by the Election Commission of Pakistan is declared to be unconstitutional, without lawful authority or jurisdiction, void ab-initio, of no legal effect and is hereby quashed,” the ruling said. “Neither the Constitution nor the law empowers the Commission to extend the date of elections beyond the 90 days period as provided in Article 224(2) of the Constitution.”

The ECP had on March 22 announced that the elections in Punjab would be held on October 8. The date was earlier set on April 30, in consultation with the president.

The reserved verdict was issued today by a three-member bench headed by Chief Justice of Pakistan (CJP) Umar Ata Bandial and comprising Justice Munib Akhtar and Justice Ijazul Ahsan.

In the written verdict,  the apex court restored the election schedule issued by the ECP on March 8 with certain modifications.

The changes made by the court in the election programme are:

• The last date for filing appeals against decision of the returning officer rejecting/accepting the nomination papers is April 10
• The last date for deciding on appeals by the Appellate Tribunal is April 17
• The revised list of candidates will be published on April 18.
• April 19 will be the last date for the withdrawal of candidature and publication of the revised list of candidates.
• Electoral symbols will be allotted to contesting candidates on April 20.
• Polling will be held on May 14

Mandokhail and Justice Syed Mansoor Ali Shah — who were among the four judges who had written additional notes — raised objections on the constitution of the bench as well as the invocation of the apex court’s suo motu jurisdiction by the chief justice.

In its verdict today, the court said: “Respectfully, the position as claimed by the learned Judges in minority is erroneous and not sustainable in law.”

The SC further maintained that the March 29 judgement issued by Justice Qazi Faez Isa and Justice Aminuddin Khan did not have any effect on any observations made in today’s order.

In the 12-page order, the judges had called for the postponement of suo motu matters until amendments were made to Supreme Court Rules 1980 regarding the country’s top judge’s discretionary powers to form benches.

The SC’s much-anticipated decision on the PTI petition was announced by the top judge in Court Room 1 where coalition leaders, journalists and lawyers were in attendance. Outside the apex court’s building, heavy security was deployed with a large contingent of police guarding the main entrance.

Political crisis will further aggravate: law minister

In a press conference shortly after the verdict was announced, Law Minister Azam Nazir Tarar lamented the ruling and said the SC should have made a decision with “collective wisdom”. “The full court should have heard the case,” he added.