SC to Resume Hearing ECP’s Plea Seeking Review of Punjab Election Ruling Today

Tue May 23 2023
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ISLAMABAD: The Supreme Court of Pakistan (SC) will take up the Election Commission of Pakistan’s (ECP) plea seeking review of the top court’s ruling on holding elections in Punjab province today.

A three-member bench of the top court headed by Chief Justice of Pakistan Umar Ata Bandial, comprising Justice Ijaz-ul-Ahsan and Justice Muneeb Akhtar will hear the case. According to the cause list issued by the Supreme Court, the hearing on the ECP’s appeal will be held today (May 23) at 12:15 pm as notices have been issued to the Attorney General and others in this regard.

The federal and caretaker government of Punjab have submitted their separate responses to the apex court, taking the earlier position on the issue. Both the governments have taken the stance that the Supreme Court exceeded its authority by setting the election date, and requested the court to review its decision announced on April 4.

In their respective responses, both the federal and Punjab governments have raised concerns over the Supreme Court’s order to conduct elections on May 14, asserting that it infringes upon the constitutional division of powers. The interim Punjab government specifically mentioned the incidents that took place on May 9, while both governments have urged the top court to reconsider its verdict from April 4.

According to the response submitted by the federal government, the constitutional responsibility for conducting free and transparent elections lies with the Election Commission of Pakistan. The government argues that the Supreme Court undermined the authority of the ECP by setting a specific election date. As Punjab is a province that plays a significant role in determining the central government through its election outcomes, the federal government asserts that the elections in Punjab should be held in conjunction with the National Assembly elections.

The caretaker Punjab government has taken a firm position, arguing that the Supreme Court’s decision to assign a specific date, May 14, for the provincial elections in Punjab, is in direct violation of the constitutional division of powers. It is worth noting that the top court refrained from specifying a date for the elections in Khyber-Pakhtunkhwa based on this same constitutional principle.

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