ISLAMABAD: Supreme Court (SC) ordered that elections in Punjab and Khyber-Pakhtunkhwa should be held in next 90 days with Chief Justice saying ‘Democracy cannot exist without assemblies’. Court has also ruled that President Arif Alvi’s orders will be binding on Punjab but not K-P.

Governor dissolved assembly then Governor will announce election date,” ruled court. Simultaneously, apex court ruled that President and Election Commission of Pakistan should announce polls in Punjab after consultation. “In ordinary circumstances,” read judgment, “General election to Punjab Assembly ought to be held on April 9, 2023, date announced by President in terms of his order of February 20, 2023.

“However, we are informed that on account of delay in emergence of date for holding of general election, it may not be possible to meet 90-day deadline stipulated by Constitution”, court stated, ordering ECP to propose date that is as close as possible to one proposed by President. Similarly, court ordered KP Governor to announce date for polls after consulting with ECP. Verdict was split 3-2 with Justice Mansoor Ali Shah and Justice Jamal Khan Mandokhail dissenting with majority. Chief Justice of Pakistan Umar Ata Bandial, Justice Munib Akhtar and Justice Muhammad Ali Mazhar supported ruling. Two judges maintained that case was not fit for hearing while matter was already pending in provincial high courts of Peshawar and Lahore seeking same relief.

“But all five judges agree that polls must be held within 90 days,” he stressed. Dissenting note maintained that suo motu was not maintainable. Bench led by Chief Justice Umar Ata Bandial concluded two-day-long proceedings in suo motu case. Key takeaways from the verdict includes in Punjab, because governor did not dissolve assembly, president’s April 9 date is ‘constitutionally competent’. If polls can’t be held within 90 days, ECP must propose date that ‘deviates to the barest minimum’ from deadline. After consultation with ECP, president will announce date for Punjab polls.

In KP, because governor acted on CM’s advice and dissolved assembly, he is bound to consult with ECP to announce date and president’s date is invalid Lastly, ECP must be ‘proactively’ available to president or governor for consultation on dates.

Published in The Daily National Courier, March, 02 2023

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