Election Commission of Pakistan has requested to suspend decision of Supreme Court regarding holding elections in Punjab on May 14.
This plea was made by the ECP through a separate petition, which sought that the Supreme Court suspend its judgment pending a decision on the review petition on the matter.
It was pleaded in the petition that if the decision is not suspended, the Election Commission will suffer irreparable loss.
Earlier, the commission had filed a review petition on the Supreme Court’s order to hold elections in Punjab on May 14.
“judiciary has no power to fix the date of elections,” the petition said, adding that the Constitution of Pakistan did not grant the judiciary any such right.
The Supreme Court has exceeded its scope by giving the date of elections in Punjab. It was argued in the petition that the Supreme Court is interfering in the jurisdiction of the Election Commission by giving the date of the election.
The ECP said in its petition that a strong Election Commission is essential for a strong democracy in the country, without a strong Election Commission it is impossible to hold free and fair elections.
The petition states that if the Election Commission makes a mistake in a decision, the judiciary can correct it. However, due to the current climate of political chaos, free and transparent elections are not possible.
The petition stated that the Election Commission was facing non-provision of funds and lack of security personnel, adding that free and fair elections could not be held without a conducive environment.
The petition said that the constitutional limit of holding elections in 90 days should be enforced. Earlier, the ECP had decided to file a review petition today against the Supreme Court’s order to hold elections in Punjab on May 14.
The petition said that the court will be consulted on non-provision of funds and security. The ECP says that despite court orders, neither funds nor security were provided to the commission.
ECP says May 14 is just a few days away. Now, even if the funds are available, it is not possible to hold the elections.
It should be noted that on April 4, the Supreme Court annulled the Election Commission’s announcement to postpone the elections in Punjab till October 8.
A three-member special bench declared the Election Commission of Pakistan’s March 22 decision unconstitutional and illegal. The judgment said that the Constitution and the law did not allow the ECP to postpone the elections.
The Supreme Court had made minor changes in the election schedule and ordered that the elections in Punjab will be held on May 14 instead of April 30.