ISLAMABAD: The Election Commission of Pakistan (ECP) has submitted a report to the Supreme Court, saying it has not yet received any funds against the Rs21 billion required to conduct elections to the Punjab and Khyber Pakhtunkhwa assemblies.

Though full contents of the fresh report are not known, the two-page reply has explained the latest situation about the unavailability of funds to the commission.

Earlier on April 18, the commission took the plea before the court that staggering of polls by holding them for Punjab and KP assemblies was not feasible since it would incur significantly more expenses compared to holding the exercise on one day.

That report was filed in line with the court’s April 14 directions, in which the commission had taken the view that an already depleted security apparatus would require weeks in advance for its movement.

The ECP also pointed out that staggering of elections could risk increase in violence since the losing party in one constituency would likely create violence in some other constituency in the next phase to offset chances of the perceived loss.

The incidents of influencing results through rigging in the next phase may also increase, the ECP had feared, adding that staggering of elections raises risk of violence as outlaws would have more chances to plan and commit attacks than the one-day limited window of opportunity.

Moreover, it had said, the police and other law enforcement agencies were engaged in intelligence-based operations in Punjab. Their appointment in election duty would lead to compromising electoral activities by terrorists, which could re-engage in terrorism.

Besides, the prevailing polarisation needs consensus among parties to bring the political temperature down, the ECP had emphasised. From the election point of view, political polarisation can have a triggering effect which can lead to violence and increase risk to safety of people during polls.

The commission had said it was essential that some guardrails and red lines be developed for tolerance and balance between contesting political parties and candidates.

But a three-judge Supreme Court bench, headed by Chief Justice of Pakistan Umar Ata Bandial, had described the ECP’s earlier report an attempt to restore the date for general elections to Oct 8, which was already set aside by the court through its April 4 order in which May 14 was fixed as the fresh date for holding elections.

The April 19 order had held that ECP seeks restoration of the Oct 8 date on essentially security grounds, which in large measure overlap the concerns expressed in the defence ministry’s report.

“In our view the commission seeks, in the guise of a representation, to re-agitate matters that were before the Court when CP 5/2023 was heard and decided, and in which two fully instructed counsel were permitted to make submissions on its behalf,” the court had recalled in its order.

The bench, including Justice Ijaz-ul-Ahsan and Justice Munib Akhtar, said it was impermissible to attempt to reopen issues and questions that already stand finally decided. The representation is not maintainable and ECP report is disposed of accordingly, the court had held.

Published in Dawn, April 29th, 2023