SC rejects ECP’s review appeal for Punjab elections

Islamabad: The Supreme Court of Pakistan Thursday rejected the Election Commission of Pakistan's (ECP) review appeal against the decision to hold elections in Punjab on May 14.

According to details, a three-member bench chaired by Chief Justice of Pakistan (CJP) Umar Atta Bandial conducted the hearing, along with Justice Ijaz-ul-Ahsan and Justice Muneeb Akhtar in the bench.

At the beginning of the hearing, Election Commission lawyer Sajeel Swati said that two weeks ago, the Supreme Court received a detailed decision regarding the Punjab elections, and they want to submit some additional documents in the light of Supreme Court's decision.

Lawyer Sujeel Swati added: “Election Commission's powers have been increased to the extent of issuing the date of elections,” to which Justice Muneeb Akhtar said that all this is not related to the review case.

The lawyer of Election Commission asked for time next week so that he could prepare the arguments.

Justice Munib remarked that the case was over.

The Chief Justice of Pakistan directed the lawyer Sujeel to read your answer right now with us in the court. To which the ECP lawyer said: “Election Commission has the authority to give the date of the election after the amendments in Section 58, 57”.

Justice Muneeb Akhtar asked the lawyer of Election Commission that lawyer should keep in mind that this is a review case.

On which the lawyer of the Election Commission said: “The Constitution gives Election Commission the responsibility of conducting elections, not the authority”.

Justice Ijaz-ul-Hassan added the Constitution is clear about the responsibilities of Election Commission.

CJP Bandial stated that you have told three times that ECP has no power and no responsibility, now go ahead.

Justice Ijaz-ul-Ahsan continued to say that said that Constitution does not give Commission the authority to extend the date of elections.

Justice Muneeb Akhtar said Election Commission was asked whether the election date can be extended or not. The Supreme Court has given a decision that ECP cannot move forward the date of the elections. You have appeared before us in revision case, do not argue again.

Justice Muneeb Akhtar in a conversation with Election Commission lawyer Sujeel Swati said: “Stop moving around the same circle, the constitution is not the domain of anyone, no one can deviate or transgress the constitution, if there is difficulty in implementing the constitution, then the court is consulted”.

The honorable judge further said the court asked Election Commission multiple times if they will conduct elections when funds and security are provided, and ECP agreed to conduct elections over availability of funds and security.

The Supreme Court dismissed the Election Commission's review petition regarding the elections in Punjab. Chief Justice of Pakistan Umar Atta Bandial remarked that the court will intervene whenever there is a constitutional violation.

It is pertinent to note that Supreme Court had ordered on April 04 that elections should be held in Punjab on May 14, after which Election Commission had filed a review petition against the court decision.