SC dismisses EC review petition in Punjab election case

ISLAMABAD: Supreme Court (SC) has dismissed review petition of Election Commission (EC) in Punjab polls case. 3-member bench of SC presided over by Chief Justice of Pakistan (CJP) Umar Ata Bandial took up for hearing  EC review petition regarding Punjab election.

Counsel for EC argued in court SC has given detailed decision in respect of Punjab election. In light of detailed decision one week is required to give arguments on additional grounds.

CJP while addressing counsel for EC remarked we will not provide time to you. Power to give date for election has been given to EC following amendment in law.

Justice Munib Akhtar remarked this question is not before us who will give date. We are hearing review petition at present. Justice Munib Akhtar remarked what points have not been raised in original case should not be raised in review case.

Justice Munib Akhtar remarked court has given its view point after arguments on these things. Tell us from record what mistakes are there in decision which should be reviewed.

CJP remarked you have not only powers in connection with election but it is your constitutional obligation too. Counsel for EC said we have to discharge duty of holding election effectively. I want to draw attention of court to some points.

Justice Munib Akhtar remarked if you have to raise some points before court then come in some other case. Justice Ijaz ul Ahsan inquired tell us what are mistakes in detailed decision in Punjab election case.

Justice Munib Akhtar remarked it is clearly mentioned in Constitution elections have to be got conducted in 90 days.  Justice Ijazul Ahsan remarked clear mandate of Constitution cannot be changed. Constitutional mandate of holding election in 90 days cannot be changed by passing law. EC cannot delay election beyond 90 days.

Counsel for EC argued some exemption has been given in certain reasons on holding election in 90 days. There are some mistakes in SC decision regarding EC submissions.

Justice Ijazul Ahsan remarked EC has to organise and conduct election according to clause 3 of article 218 of Constitution. EC has to organise and conduct election within constitutional period of 90 days. How EC gave this exemption to itself that it could delay election. Justice Ijazul Ahsan questioned if EC does not ensure for five years that election will be held fairly and transparently then election will not be held. Justice Ijazul Ahsan inquired then what your plea is. It is not becoming comprehensible since last half hour what is your plea.

CJP addressing counsel for EC remarked you gave statement before us that funds and security be provided then EC will hold election. Justice Munib Akhtar remarked we cannot go outside Constitution. We have asked 10 times from you to point out mistake in decision.

Justice Munib Akhtar remarked if EC feels any hindrance in fair and transparent election then it can come to court. EC cannot decide itself that elections have not to be conducted.

Published in The Daily National Courier, September, 01 2023

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