The Supreme Court on Tuesday ruled that the Election Commission of Pakistan (ECP)’s order postponing polls to the Punjab Assembly until Oct. 8 was “unconstitutional” and directed for polls to be held in the province on May 14.
In a short order announced a day after it was reserved followed over a week of hearings, a three-member bench of the apex court ordered the electoral body to restore the election schedule it had issued earlier, adding that the ECP could not go beyond the 90-day stipulated time—which expires in mid-April.
Maintaining that 13 days had been wasted because of the ECP’s “unlawful” decision, the bench further directed the caretaker government in Punjab to assist the electoral body in its duties, adding that the ECP should inform the court if the government refused to do so. It also directed authorities to submit a security plan for the polls, saying “free, fair and transparent” polls should be ensured, and directed the federal government to release the necessary funds—Rs. 21 billion—by April 10. The ruling stated that petitioners could separately approach the court for a date for polls in Khyber-Pakhtunkhwa.
The verdict was announced by a three-member bench led by Chief Justice of Pakistan (CJP) Umar Ata Bandial and comprising Justices Munib Akhtar and Ijazul Ahsan. The ruling alliance had earlier expressed its reservations with these judges, accusing them of bias, and calling on the CJP to form either a larger bench or a full court bench to ensure that justice was delivered.
Prior to the announcement of the verdict, Interior Minister Rana Sanaullah told journalists that the government expected the Supreme Court to issue a verdict that helped steer the country out of crises. “We hope better sense will prevail and the political crisis in the country will come to an end,” he said outside the court, reiterating that the government believed the matter could only be resolved through a full court hearing.
“Even the PTI has said that they don’t have any objection to a full court. Then why isn’t the CJP forming it?” he asked, as he maintained that the only path to stability was through nationwide general elections, as piecemeal polls would trigger anarchy, chaos and further political crises. “Institutions work collectively and not on the dictation of one person,” added Law Minister Azam Nazir Tarar. “We hope that the SC will also use collective wisdom and take this matter forward,” he said.
The verdict had been reserved by the bench yesterday after hearing from officials of the Finance and Defense ministries, as well as the ECP and the PTI. However, despite multiple requests, the court did not permit representatives of other political parties to approach the rostrum, furthering the perception of bias that the ruling alliance has been alleging for the past few weeks. During proceedings, the CJP reiterated his desire for political forces to resolve the matter through dialogue, but said the law would take its course if they refused to do so.
Part of the reason for the controversy surrounding the bench was how it was whittled down from a five-member bench to one with just three members after two judges—Justices Aminud Din Khan and Jamal Khan Mandokhail—recused themselves. The government also pointed to Justices Ahsan and Akhtar as being unsuitable for the bench, arguing they had already prejudged the matter.
Last week, the parties comprising the ruling coalition issued a joint statement expressing “complete distrust” in the three-member bench, noting there had been a “clear division in the SC, therefore it should refrain from issuing controversial political decisions.”