The apex court announced its much-awaited verdict in the suo motu proceedings regarding the delay in the announcement of a date for elections in Punjab and Khyber Pakhtunkhwa, ruling that the polls in the two provinces must be held within 90 days of the dissolution of the assemblies.

Chief Justice of Pakistan (CJP) Umar Ata Bandial had last week taken suo motu notice of the delay in holding polls, saying that there appeared to be a “lack of clarity” on the matter. The top court heard all parties concerned before breaking the deadlock caused by divergent positions of political stakeholders involved in the process.

Here, Dawn.com takes a look at noteworthy points from the judgement.

‘ECP must announce Punjab poll date deviating to the barest minimum from April 9 deadline’

“In ordinary circumstances, the general election to the Punjab Assembly ought to be held on April 9, 2023, the date announced by the president in terms of his order of Feb 20, 2023. However, we are informed that on account of the delay in the emergence of the date for the holding of the general election, it may not be possible to meet the 90-day deadline stipulated by the Constitution…

“The Election Commission is therefore directed to use its utmost efforts to immediately propose, keeping in mind [sections] 57 and 58 of the Election Act 2017, a date to the president that is compliant with the aforesaid deadline. If such a course is not available, then the ECP shall in like manner propose a date for the holding of the poll that deviates to the barest minimum from the aforesaid deadline . After consultation with the ECP, the president shall announce a date for the holding of the general election to the Punjab Assembly.”

‘KP ought to consult ECP and announce poll date’

“The governor of the KP must after consultation with the election commission forthwith appoint a date for the holding of the general election to the KP Assembly and the preceding clause (a) shall, mutatis mutandis, apply in relation thereto.”

The clarity on the roles of president, ECP

“If an assembly is dissolved by an order of the governor, the constitutional responsibility of appointing a date for the general election that must follow is to be discharged by the governor as provided in terms of Article 105(3)(a).

“In situations where the assembly is not dissolved by an order of the governor, the constitutional responsibility of appointing a date for the general election that must follow is to be discharged by the president as provided in terms of s. 57(1) of the Election Act 2017.”

‘Swift announcement of poll date constitutionally imperative’

“Since the general election on the dissolution of a provincial assembly has to be held within a time period stipulated by the Constitution itself, which is a constitutional imperative, the president or, as the case may be, the governor must discharge the constitutional responsibility of appointing a date for the said election swiftly and without any delay and within the shortest time possible.

“The election commission must proactively be available to the president or the governor, and be prepared for such consultation as required for a date for the holding of general elections.”

‘Breach of constitutional responsibility by KP governor’

“The order of the president issued on Feb 20, 2023 is constitutionally competent and subject to what is observed below, it is hereby affirmed insofar as it applies to Punjab Assembly; but the same is constitutionally invalid insofar as it applies to the KP Assembly and is therefore hereby set aside.

“It also follows that the governor of KP, inasmuch as he has not appointed a date for the holding of the general election to the assembly of that province is in breach of his constitutional responsibility.”

‘Elections underpin the very fabric of the Constitution’

“Parliamentary democracy is one of the salient features of the Constitution. There can be no parliamentary democracy without Parliament or the Provincial Assemblies. And there can be neither Parliament nor Provincial Assemblies without the holding of general elections as envisaged, required and mandated by and under the Constitution and in accordance therewith.

“Elections, and the periodic holding of elections, therefore underpin the very fabric of the Constitution. They are a sine qua non for parliamentary democracy, and ensure that the sacred trust of sovereignty entrusted to the people of Pakistan is always in the hands of their chosen representatives.”