ISLAMABAD: A three-member bench headed by CJP considered new points during proceedings of the review petition filed by ECP
Ask your people not to use harsh words in parliament, Chief Justice of Pakistan Umar Ata Bandial told the Attorney General of Pakistan while hearing the country’s top electoral authority’s petition, seeking a review of the top court’s decision for an election date in the Punjab.
A three-member bench headed by Chief Justice Umar Ata Bandial, comprising Justice Ijazul Ahsan and Justice Muneeb Akhtar, heard the review petition filed by the ECP.
In its plea, the Election Commission of Pakistan (ECP) has argued that while the power to announce election dates is vested in bodies other than judicial institutions, the court lacks authority in this matter, demonstrating the wisdom behind the separation of powers.
The ECP further asserted that, according to the Constitution, the responsibility for conducting elections lies solely with the electoral body, as outlined in Article 218(3) and other relevant provisions. Therefore, the order under review has violated the fundamental principle of the separation of powers and is not legally justifiable.
The ECP contended that conducting fair and just elections to the National Assembly is not possible in the presence of an elected government in Punjab. It argued that the elected government in Punjab possesses substantial resources and influence, which can potentially impact the outcome of the National Assembly elections.
The ECP’s review petition emphasized that the presence of an elected government in Punjab undermines the fairness of the electoral process, as voters are likely to favor candidates affiliated with the political party in power in Punjab.
In response to the review petition, both the federal government and the Punjab Government have filed their replies, aligning with the arguments presented by the ECP.
