The Pakistan Tehreek-e-Insaf (PTI) on Thursday approached the Supreme Court to seek directions on elections in Khyber-Pakhtunkhwa, which are still fixed for October despite the 90-day constitutional deadline for polls expiring in mid-April.
On April 4, while fixing May 14 as the date for elections to the Punjab Assembly, the Supreme Court allowed the petition—PTI—to approach any appropriate forum for the conduct of elections in KP, stating that the matter had not been adjudicated upon. In a fresh petition moved by PTI’s Asad Umar, Mushtaq Ahmad Ghani, Mahmood Khan and several former KP cabinet members, the party has challenged Governor Haji Ghulam Ali announcing Oct. 8 as the date for polls in the province, maintaining that this would be in violation of the Constitution and amounted to depriving the petitioners and citizens of fundamental rights guaranteed under Article 17.
Making the ECP, ministries of interior, law and finance, the KP governor, and the chief secretary the respondents in the petition, it emphasized that the reasons given by the governor and the ECP regarding a lack of finances and a restive law and order situation were legally flawed and a disingenuous excuse to delay the elections. Maintaining that delaying polls on these pretexts could lead to an “indefinite” postponement, the petition says this is not suitable.
“What is the assurance that the security situation in the country will improve by the arbitrary date of Oct. 8 as fixed by the governor,” the petition question, claiming the postponement of polls would further deteriorate the security situation. “Under Articles 148(3) and 220 of the Constitution, as well as Section 50 of the Elections Act 2017, it is the responsibility of the federal, provincial governments and all executive authorities … to ensure that elections are held in 90 days regardless of any prevailing law and order situation,” it added.
The petition also stressed that it was the federal and provincial governments responsibility to ensure funds for elections on a priority basis to the exclusion of all other matters.
Dialogue
Separately, the PTI reiterated an offer of dialogue to the government for dialogue to “finalize” a date for nationwide general elections. In a press conference, PTI Senior Vice President Chaudhry Fawad Hussain claimed the political situation in the country had not yet deteriorated to a point requiring the imposition of emergency. “Only way to stop elections in Pakistan is throwing out the Constitution,” he said, warning that would pave the way for martial law.
Maintaining that the only solution to the crises facing Pakistan was fresh “elections,” he alleged that efforts to delay them were akin to depriving the people of their fundamental rights.