The Supreme Court on Monday ruled that no objections to fresh delimitations can be entertained after the Election Commission of Pakistan (ECP) has announced the schedule for the upcoming general elections.
The ruling was announced by a three-member bench of the apex court, headed by interim Chief Justice Sardar Tariq Masood and comprising Justices Mansoor Ali Shah and Athar Minallah, that took up an appeal filed by the ECP against a Balochistan High Court (BHC) verdict seeking a change in delimitations of two provincial seats in Quetta. The Supreme Court also nullified the BHC’s decision on delimitation.
The order removes another possible path to a delay to polls due on Feb. 8, 2024, as no courts would entertain any further petitions challenging delimitation carried out by the ECP. Earlier, some pundits had warned that lengthy litigation of challenges to delimitations could trigger a delay to the polls if ruling require yet another round of delimitation. Earlier, a three-member bench of the Supreme Court had similarly nullified a Lahore High Court (LHC) order suspending the training of election staff, which the ECP had appealed against for delaying the conduct of polls on Feb. 8, 2024.
During the hearing, Justice Minallah questioned how any court could avail the authority that lawfully lay with the ECP. “Challenges to constituencies have all been rendered ineffective after the release of the election schedule,” observed Justice Shah, stressing the electoral process could not be affected to provide relief to an individual. “We have to draw a line and set a limit in this regard,” he remarked.
Justice Masood, similarly, said he did not understand why everyone wanted elections delayed. “Let polls take place,” he asserted.
Justice Minallah noted that if the apex court accepted the BHC ruling, there would be a “flood of petitions” seeking further changes to delimitations.
On Friday, the ECP issued the election schedule after the Supreme Court directed it do so while hearing the appeal against the LHC order suspending the training of election staff. In its order, the apex court said this essential to ensure polls were held on time.