LHC orders ECP to give date for election in Punjab

Lahore: The Lahore High Court on Friday directed the Election Commission of Pakistan to give date for election in Punjab on pleas by Pakistan Tehreek-e-Insaf (PTI) and a local citizen seeking directives for the relevant authorities for announcement of an election date in Punjab.

Justice Jawad Hassan announced the verdict reserved earlier after hearing arguments of both sides. PTI General Secretary Asad Umar had filed the petition and submitted that more than 10 days had passed since the dissolution of the Punjab Assembly but Governor Rehman had failed to fulfil his constitutional duty of announcing an election date.

Justice Jawad Hassan directed the ECP to conduct election in Punjab within 90-day time. The judge also directe it issue schedule for election. 

During the hearing, Justice Hassan summoned the chief secretary and the inspector general of Punjab police in the case. The Punjab police chief told the court that they would implement whatever decision the ECP took in this regard. At this, Justice Hassan observed that it was looking forward to such an assurance from the police chief.

The Chief Secretary also told the court that they would implement the ECP and the court orders.

Arguing on the case, the counsel for the Election Commission of Pakistan  objected to the admissibility of the petition. He pointed out that announcement of the date for election did not come under the domain of the ECP.

He contended that the commission could not be made a respondent in the plea and submitted that  the LHC had observed earlier that it would not issue an order whose implementation was complex.

He contended that neither the president nor the federal government had been made respondents in the petition.

The counsel raised a question that the police, judiciary, and other institutions have refused to sanction staff for poll duties. How can we hold elections in such circumstances. He also submitted that either the Punjab Governor or the President had to announce the date for election.

“There is nothing in the Constitution that the  ECP will give the date for election,” he argued.

He also told the court that they needed Rs14 billion for the whole electoral exercise in the province, pointing out that the elections of provincial assemblies and the lower house could not be transparent if they were held on separate days.

He argued that it was not written anywhere in the Constitution that the ECP will give the date of general elections,” he argued.

Advocate Shehzad Shaukat, the counsel for the Governor, argued that the Punjab governor was not bound to announce a date for the general election in the province as he had not dissolved the provincial assembly on the chief minister’s advice.

Shaukat had submitted the governor’s reply in a petition filed by Munir Ahmad, a lawyer.

“The Punjab governor is abound to give the date only if he dissolves the assembly but in this case, he has not,” he argued.

The governor previously had said that he never dissolved the provincial assembly in terms of Article 112 of the Consti­tution; therefore, the provisions of Articles 105(3) and 224, which deal with the announcement of a date for election by the governor, would not apply in the case at hand.

Barrister Ali Zafar who was representing the PTI argued that the Constitution clearly mentioned that the polls should be held within 90 days of the dissolution of the assemblies. He told the judge that a notification was needed for election date.

After hearing both sides, Justice Jawad Hassan reserved the verdict.

Munir Ahmed, a local citizen, and PTI leader Asad Umar filed the petitions and asked the court to announce an election date in Punjab as the constitution is quite clear that the elections should be held within 90 days after dissolution of the assembly.