Punjab elections; The Supreme Court dismissed the Election Commission’s review petition

Islamabad: The Supreme Court of Pakistan dismissed the Election Commission’s review petition related to the Punjab elections.

A 3-member bench of the Supreme Court, headed by Chief Justice of Pakistan Justice Umar Atta Bandial, heard the Punjab election review case on behalf of the Election Commission, in which the Election Commission sought a week’s time from the Supreme Court.

Vakil Election Commission while giving arguments in the court said that the Supreme Court has given a detailed decision about the Punjab elections. A week’s time is required to argue the additional grounds in light of the detailed judgment.

Speaking to the lawyer, the Chief Justice said that we will not give you time. The lawyer said that after the amendment of the law, the Election Commission has got the authority to give the date of the elections, on which Justice Muneeb Akhtar remarked that the question does not exist before us as to who will give the date. We are currently hearing the revision petition.

Justice Muneeb Akhtar said that the points which were not raised in the original case should not be raised in the revision case. The lawyer told the court that I want to highlight the Workers’ Party case. Justice Muneeb Akhtar said that after arguments on these things, the court has given its view. Let us know from the record what errors there are in the decision, which should be reviewed.

The Chief Justice remarked that you don’t just have the power to hold an election, it is your constitutional responsibility, on which the counsel for the Election Commission said that we have to perform the duty of conducting elections in an effective manner. I want to draw the court’s attention to some points. Justice Muneeb Akhtar replied that if there are any points to be raised before the court, it will come in another case.

Justice Ejaz-ul-Ahsan inquired that what are the mistakes in the detailed decision of the Punjab elections case?

Justice Muneeb Akhtar remarked that it is clearly stated in the constitution that elections are to be held within 90 days. Justice Ijaz-ul-Ahsan said that the clear mandate of the Constitution cannot be changed. The constitutional mandate of holding elections within 90 days of passing the law cannot be changed. The Election Commission cannot delay the elections for more than 90 days.

Vakil Election Commission argued that the limit of holding elections in 90 days has been waived for some reasons. There are some mistakes in the Supreme Court’s decision about the objectives of the Election Commission.

Justice Ijaz-ul-Ahsan said that according to Article 218 Clause 3, the Election Commission has to “organize and conduct” the elections. The Election Commission has to organize and conduct the elections within the constitutional period of 90 days. How did the Election Commission give itself this exemption to delay the elections?

The election commission lawyer told the court that the constitution mandates that the election commission has to ensure that the elections are transparent and fair. Justice Ijaz-ul-Ahsan asked that if the commission does not ensure for 5 years that the elections will be transparent, then there will be no elections?, to which the lawyer Election Commission replied that this is not my argument, Justice Ijaz-ul-Ahsan inquired that What is your argument then? For the last half an hour, I do not understand what your defendant is.

The Chief Justice while talking to the lawyer of the Election Commission said that you have stated before us that security and funds should be provided and we will conduct the elections. Please point out any mistake in our decision, Mr. Vakil. So far you have not been able to identify an error in judgment. This is not a hand-to-hand fight but a constitutional matter. The constitution of Pakistan is connected with the people.

Justice Muneeb Akhtar remarked that we cannot go outside the constitution, tell us the mistake in the decision which has been said ten times.

Lawyer Sujeel Swati said that no law can reduce the powers of the Election Commission, to which Justice Muneeb Akhtar said that it is not a matter of the law but of the constitution. The constitution says that elections must be held within 90 days in any case. Justice Ejaz-ul-Ahsan said that the Election Commission cannot postpone the elections beyond 90 days. The Election Commission cannot say that it has become a law, even if there are no elections for 690 days.

The lawyer said that the constitutional mandate cannot be exceeded. The provision of holding elections within 90 days should be read in conjunction with Article 254. Elections may go beyond 90 days in certain circumstances.

Justice Ejaz-ul-Ahsan said that how can the Election Commission decide on specific situations?, to which the lawyer said that the power of Article 218(3) can be used by the Commission, not the court. Justice Ijaz-ul-Ahsan inquired that the direct question is where did the commission get the constitutional mandate to delay the elections for 90 days?

Lawyer Sujeel Swati said that the Election Commission has wide authority to ensure transparent elections. Justice Ijaz-ul-Ahsan then inquired whether the Election Commission can say that 5 years cannot ensure transparent elections. I don’t understand what you mean.

The lawyer replied that he never adopted the position of not holding elections for 5 years. Justice Ejaz-ul-Ahsan inquired that he is asking for the eighteenth time, what is the mistake in the court decision? . Justice Muneeb Akhtar said that the court did not sit to convince you whether there is a mistake in the decision or not.

The lawyer said that the foundation of democracy is transparent elections. Justice Muneeb Akhtar asked, what is the mistake if the same is written in the court decision? . The lawyer replied that the mistake is that the Election Commission cannot postpone the elections beyond 90 days. Justice Muneeb Akhtar said that if the Election Commission feels an obstacle in the free fair elections, it can come to the court. The Election Commission cannot decide by itself not to hold elections. The solution was given by considering the petition of the Election Commission. If the Election Commission does not like the decision of the Supreme Court, then they are fighting over it. Allah gave us two eyes and a mind as it is. Thanks be to Allah. It is not a fight of authority that this is my authority and this is your authority.

Later, the Supreme Court dismissed the Election Commission’s review petition on the issue of Punjab elections.