ISLAMABAD: The Islamabad High Court Bar Association (IHCBA) on Thursday moved the Supreme Court, seeking an order for the Election Commission of Pakistan (ECP), as well as governors of Punjab and Khyber Pakhtunkhwa, to immediately announce an election date for the two provinces.
“The early announcement of the dates will ensure that elections are held within the mandatory 90 days of the dissolution of provincial assemblies as provided in the Constitution,” the petition said.
President of the Supreme Court Bar Association Abid S. Zuberi will plead the petition, moved through IHCBA president Shoaib Shaheen.
The petition argued that the respondents were duty bound by the Constitution to hold the general election within 90 days of the dissolution of assemblies. “Therefore, the inaction on the part of the respondents is unconstitutional to say the least,” it contended.
Due to their slackness, the respondents had undermined the principle of good governance, the Constitution and the state, the petition said, adding that inaction of the respondents, therefore, was liable to be put in check with a stern reminder to the respondents by the Supreme Court about their constitutional duties.
The petition said that Articles 224(2) and 105 (3a) of the Constitution made it clear that elections must be held within 90 days and the failure of the respondents not to hold elections was equivalent
to undermining and jeopardising the entire scheme of the Constitution regarding the conduct of free and fair elections after the dissolution of the assemblies.
“These inactions of the respondents are having trickle-down effects of inefficiency, delay and loss of trust on the entire system, which amounts to an unconstitutional act by the respondents,” the petition argued.
Specifically, the petition said, the ECP was legally and constitutionally bound to make arrangements and hold free and fair elections and perform its constitutional duties as mandated by Article 218(3) and under the Elections Act 2017, which directed the ECP to organise and make such arrangements as necessary for holding free and fair elections.
LG bodies suspension
Meanwhile, the Islamabad High Court (IHC) on Thursday sought a reply from the Election Commission of Pakistan (ECP) for suspending local governments and cantonment boards in Punjab and Khyber Pakhtunkhwa.
IHC Chief Justice Aamer Farooq sought the reply from the ECP during the hearing of a petition, filed by Barrister Aqeel Malik and Advocate Fazal Qadir, challenging the suspension of local governments and cantonment boards in the two provinces.
The petitioners contended that the ECP had suspended the local governments and cantonment boards in Punjab and KP in violation of the law.
Justice Farooq, after hearing the arguments, issued a notice to the ECP and adjourned the hearing to Feb 15.
The Election Commission of Pakistan had on Feb 3 suspended the elected representatives of local governments and cantonment boards in Punjab and KP ahead of the upcoming elections for provincial assemblies in the two provinces.
The commission said action had been taken to ensure transparency in elections in both the administrative units.
It said the representatives of local bodies had been suspended under the Clause 3 of Article 218 of Constitution, while the representatives of cantonment boards would also remain suspended until the polls were concluded.
Published in Dawn, February 10th, 2023
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