PTI files Constitutional Petition in SC raising important questions on ECP decision
6 constitutional petitions including Pakistan Tehreek-e-Insaf as a party have been filed in Supreme Court against decision of Election Commission of Pakistan
Pakistan Tehreek-e-Insaf (PTI) has approached the Supreme Court of Pakistan against the Election Commission’s decision to cancel the general elections in Punjab.
In the petition filed by the lawyers of Pakistan Tehreek-e-Insaf in the Supreme Court, the decision of the Election Commission to postpone the elections in Punjab should be annulled.
Tehreek-e-Insaf as a party and 6 petitioners including Asad Umar as Secretary General have filed appeals.
The petition has raised the point that the Election Commission has clearly deviated from its constitutional mandate and the judgment of the Supreme Court.
It has been argued in the petition that the Supreme Court of Pakistan had ordered the Election Commission to hold the elections on April 30. Therefore, the Election Commission should be ordered to conduct the elections on April 30 as per the schedule.
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Pakistan Tehreek-e-Insaaf has submitted a joint constitutional petition in the Supreme Court against the change in the election date. Speaker Punjab Assembly Satbeen Khan, Speaker Khyber Pakhtunkhwa Mushtaq Ghani have filed their respective constitutional petitions.
In all the petitions, it has been argued that the Election Commission has deviated from its constitutional mandate. Along with the Election Commission, the Federal Government, Ministry of Law, Ministry of Parliamentary Affairs, Cabinet Secretary, both Chief Secretaries of Punjab and KP have also been made parties in the petitions.
The petition has requested the Supreme Court that the court should bind all the parties to ensure all arrangements and make it possible to hold the elections on April 30. Because it cannot be delayed for more than 90 days. So that the people of both provinces can choose their true representatives.
It has been stated in the petition that the Election Commission and the Federal Government have completely failed to discharge their constitutional responsibility.
The petition states that the order passed by the Election Commission is also contrary to the Constitution, and is a violation of the law.
The petitions filed by PTI did not plead for contempt of court, but a fresh constitutional petition raising several legal questions.
The petitions have raised the question whether the Election Commission of Pakistan has the power to unilaterally amend the Constitution of Pakistan or to interpret it by itself.
The petition has also raised the question whether the Election Commission of Pakistan has the jurisdiction to overrule the decision of the Supreme Court of Pakistan.
The question has also been raised in the application that the Election Commission has not deviated from the decision of the Supreme Court of Pakistan on March 1, 2023.
The question was raised whether the provincial governments and the federal government were not bound to provide finance and personnel.
