Islamabad (Web Desk): The Election Commission of Pakistan (ECP) on Wednesday filed a petition in the Supreme Court (SC) seeking review of the order regarding elections in Punjab on May 14.
On April 4, a three-member SC bench headed by Chief Justice of Pakistan (CJP) Umar Ata Bandial, and and comprising Justice Ijazul Ahsan and Justice Munib Akhtar, had fixed May 14 as the new date for elections to the Punjab Assembly, after quashing the electoral body’s decision to extend the polls date from April 10 to Oct 8.
The top court had also directed the government to release Rs21 billion for the elections in Punjab and Khyber Pakhtunkhwa (KP) and provide a security plan to the ECP regarding the polls.
In the review petition filed through Advocate Sajeel Shehryar Swati, the ECP maintained the stance that under no provision of the Constitution or the law could the court have taken such an exercise upon itself to fix a date for election.
"Appointing of date or changing it, is an executive exercise, and certainly not a judicial exercise," the electoral watchdog said.
The petition added that the ECP appears to simply have no choice, given the strict timeline to meet for the elections, but to accept as a fate accompli, a security plan which may be compromising the integrity, honesty and fairness of the elections.
In its petition, the electoral body also stressed on a “strong and empowered commission”.
The apex court "should have exercised judicial restraint and could have apportioned responsibility to the Commission," the petition said.
The electoral watchdog in its plea also stated that the SC with its April 4 order "has actually divested the powers of the Commission to itself and made the Commission virtually toothless" and "disregarded its constitutional jurisdiction".
The ECP added, "It is not suggested that article 254 of the Constitution should be used to stultify the constitutional imperative of holding elections within 90 days, but the Hon’ble Court needs keenly to look at the ground realities.
The electoral body further requested the top court to “accept the instant Review Petition by revisiting, reviewing, reconsidering and recalling its April 4 order”.
The development comes a day after the government and Pakistan Tehreek-e-Insaf (PTI) agreed holding elections across the country on the same day but are yet to decide on a date.
