Pakistan’s Supreme Court has declared the Election Commission of Pakistan’s (ECP) order to delay the elections in Punjab and Khyber Pakhtunkhwa provinces as “unconstitutional” and has ordered the electoral authority to conduct elections in Punjab on May 14. The ECP had initially postponed the elections to October 8, citing a resurgence of terror attacks, a shortage of security personnel and an unprecedented economic crisis. However, the decision was challenged by the Pakistan Tehreek-e-Insaf (PTI) party, led by former Prime Minister Imran Khan, who filed a plea challenging the decision. The Supreme Court accepted the plea and held six hearings spanning over eight days, in which parties involved presented their arguments.
The court’s verdict followed a petition filed by the PTI party, which had challenged the ECP’s decision to delay the Punjab polls from April 30 to October 8 after the government refused to give funds to conduct the exercise citing the economic crisis. The PTI in January decided to dissolve the Punjab and Khyber Pakhtunkhwa provincial assemblies it controlled in a bid to force early national elections – a demand Khan has been making since he was removed from power a year ago.
The Supreme Court said the ECP exceeded its jurisdiction by delaying the Punjab election date. “The constitution does not give the Election Commission of Pakistan the authority to postpone the elections,” it said. On holding the polls in Khyber Pakhtunkhwa province, the top court said a petition should be filed at an appropriate forum. The court also ordered the government to release 20 billion rupees ($70m) by April 10 for the elections, and the ECP was asked to submit a report on available funds on April.
The decision by the Supreme Court of Pakistan is being hailed as historic. Legal experts have noted that for the first time in Pakistan’s history, the judiciary of Pakistan has chosen to bury the doctrine of necessity. Even otherwise, on the constitutional front, this is a fantastic decision. The Supreme Court has upheld the constitution that is what the constitution mandated, and the election commission has been cut to its size for exercising its power, which it did not have in the first place and was illegal and unconstitutional.
PTI lawyer Faisal Chaudhry expressed gratitude to the Supreme Court for upholding the constitution and said the court order is about “the future of Pakistan,” and the people of Pakistan will “protect this decision.” Senior PTI leader Shah Mahmood Qureshi also welcomed the verdict, calling it a “watershed moment” in Pakistan’s history. “The Supreme Court has today buried the doctrine of necessity, restored the sanctity of the constitution and buried all those conspiratorial forces that were creating hurdles in the way of democracy and a democratic and constitutional system in this country,” Qureshi told reporters outside the court building.
In conclusion, the decision of Pakistan’s Supreme Court to declare the Election Commission of Pakistan’s order to delay the elections in Punjab and Khyber Pakhtunkhwa provinces as unconstitutional and to order the electoral authority to conduct elections in Punjab on May 14 is a significant development. The decision is being hailed as historic, with legal experts noting that the judiciary of Pakistan has chosen to uphold the constitution and bury the doctrine of necessity for the first time in the country’s history. The decision is also seen as a victory for democracy and a democratic and constitutional system in the country.
