4 months ago
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ISLAMABAD: The Supreme Court has begun hearing the Election Commission of Pakistan's (ECP) plea challenging the Lahore High Court's (LHC) order halting the training of district returning officers and returning officers, which affected the polling process.
With apprehensions growing of a further delay in the general elections already taking place late on February 8 next year, the national polls governing body appealed the high court's order, praying to the top court to declare the verdict null and void and ensure that its order on staging polls on Feb 8 is followed.
A three-member bench, headed by Chief Justice of Pakistan (CJP) Qazi Faez Isa and comprising Justice Sardar Tariq and Justice Mansoor Ali Shah, is hearing the appeal.
The top court's staff returned to work on Friday after ending their day while Court Room No. 1 was also been opened after the Commission decided to file the appeal.
The high court's order — halting the training of district returning officers (DROs) and returning officers (ROs) — further complicated the matter of the February 8 general elections' conduct on the designated date, as it suspended the electoral body's notification requesting ROs and district returning officers DROs from the bureaucracy.
In order to ensure that polls take place on time, the election commission filed a plea in the apex court, with major political parties — Pakistan Peoples Party, Istehkam-e-Pakistan Party, Pakistan Muslim League-Quaid, Balochistan Awami Party — also decided to become parties in the case.
The ECP took the decision to file the plea after Chief Election Commissioner (CEC) Sikandar Sultan Raja and Chief Justice of Pakistan (CJP) Justice Qazi Faez Isa met to mull over the possible repercussions of the decision.
The court, to ensure the implementation of the 54-day period — minimum threshold from the announcement of elections scheduled to the holding of polls — might take a decision either today or tomorrow in this regard as the ECP needs to announce the poll schedule by December 17 for holding of elections on time, the sources added.
PPP, PML-N, PTI demand elections on Feb 8
In conversation with Geo News, PPP spokesperson Faisal Karim Kundi said his party had a clear stance when it comes to the staging of polls: "Elections should be held on February 8."
"Asif Zardari has also stated that elections should take place," he said, noting that the LHC order has caused fears among stakeholders over the general polls.
"We hope that the Supreme Court will take a decision today and revoke the LHC's stay," Kundi said, as he further hoped that the election schedule would be released "during the day".
The former federal minister said the Pakistan Tehreek-e-Insaf — which had filed the plea in the LHC — was trying to evade the elections.
"We did not get a level playing field in the past as well. The PPP believes in the people's power," he added, a claim that the PTI and PPP have repeatedly maintained that they were not getting equal electioneering opportunities.
Pakistan Muslim League-N spokesperson Marriyum Aurangzeb said it was crucial that elections take place on February 8, blaming the Gohar Khan-led PTI for the uncertainty surrounding the elections.
It may be noted that LHC's order came on the PTI's plea, which contended that the electoral body's move to appoint DROs and ROs from bureaucracy would hinder the prospects of impartial and transparent elections.
"PML-N stance is that the polls be staged on February 8. We believe in transparent polls and we are already gearing up for elections," the party spokesperson noted.
The spokesperson also noted that the ECP has the constitutional right to appoint ROs and DROs of its choice.
Slamming PTI founder Imran Khan, she said he was complaining about level playing as the buttons of the RTS were not in his hands anymore.
PTI Senator Barrister Ali Zafar also said that his party wants elections on Feb 8, claiming that there were chances that the PTI might retract its plea in the LHC that started this entire conundrum.
"We will try to do away with anything that comes in the way of elections. However, we are still demanding that the ROs and DROs be appointed from the judiciary," the PTI leader added.
Election conundrum
Upon the advice of then-prime minister Shehbaz Sharif, President Alvi dissolved the 15th National Assembly three days before the completion of its 5-year term.
The former government prematurely dissolved the lower house to ensure that the polls were scheduled 90 days later — in line with the Constitution.
However, that did not seem to happen, as the commission had said that it could not follow up on the 90-day deadline as it had to work on fresh delimitation of constituencies after the Council of Common Interests (CCI) approved the results of the 2023 digital census
The ECP did that because Section 17(2) of the Elections Act states that “the commission shall delimit constituencies after every census is officially published” — which is in contrast with the constitutional deadline.
In October, the Raja-led ECP announced that the polls would be staged in January next year, but did not announce the exact date, and in return, received flak.
In response to the ECP’s decision to hold the polls later than the constitutional deadline, the PTI and several others filed a plea in the top court seeking timely polls. On the same plea, the SC ordered the ECP and the president to consult, which resulted in a consensus date of February 8.
But that did not seem to shut down the rumour mill and fears of the political parties who repeatedly voiced concerns that since the election schedule hasn’t been announced, the polls would be delayed.
PPP co-chairperson Asif Ali Zardari had also said that a delay of “eight to 10 days” in the general elections would make no difference.
More to follow
