- ECP said it was ready to conduct general elections for Punjab Assembly
- PTI counsel argued the governor was bound to obey the law and constitution
- The judge observed that election date should be announced under the constitution
LAHORE: The Election Commission of Pakistan (ECP) on Friday told the Lahore High Court it was ready to conduct general elections for the Punjab Assembly.
ECP legal director Khurram Shahzad further told the court that Governor Balighur Rehman also asked it to hold a consultation with all stakeholders.
Justice Jawad Hassan observed that the ECP, being an independent institution, should announce a date for the election on its own.
The judge was hearing a petition of Pakistan Tehreek-i-Insaf (PTI) secretary general Asad Umar seeking a direction to the governor and the ECP to immediately announce a date of general election in the province since the assembly had been dissolved.
At the outset of the hearing, Advocate Shahzad Shaukat appeared on behalf of the governor and objected to the maintainability of the petition.
He stated that the governor wrote various letters to former MPA Usman Buzdar and the speaker of the provincial assembly while the principal secretary to the governor also sent the same to the secretary of the ECP.
PTI’s counsel Senator Barrister Syed Ali Zafar pointed out that the letters referred by the governor’s counsel mentioned the mandate of section 112(1) of the Constitution as the governor himself clearly wrote “Inshaallah, my office will discharge its responsibilities and duties in line with the Constitution and law, as and when required”.
He said in the same dated letter written by the governor to the assembly’s speaker, it had clearly been stated that “Election Commission of Pakistan has been asked to take further necessary action accordingly”.
He said in another letter written by the principal secretary to governor to the secretary ECP, it had been stated that “given the existing security and economic situation of the country, Election Commission of Pakistan may like to consult with all relevant stakeholders as the date for general elections to the provincial assembly of Punjab is fixed, so as to ensure that conditions for holding the elections in a transparent and fair manner are duly met”.
Barrister Zafar argued that the governor was bound to obey the Constitution and law.
Referring to previous decisions of the LHC, Justice Hassan observed that fixation of the date of election beyond 90 days of the dissolution and even from the date of announcement of the date of election was in breach of constitutional requirement.
Asad Umar stated that the ECP announced the dates of by-elections in 33 constituencies of the national assembly throughout the country which were going to be held on March 16 that showed the readiness of the ECP to conduct and organize elections.
The judge remarked that the PTI should be happy with the ECP for announcing the by-election schedule.
Umar said as per the principle of “Curate’s Egg”, he saw the role of the ECP some good by announcing the dates of by-elections throughout the country but some bad as the ECP was not giving the date to the petitioner/PTI, despite letters written to it.
A federal law officer said no one was refusing to hold the elections. He said there was ample time to meet the deadline of 90 days.
Justice Hassan observed that a date for the election should be announced at least as envisaged in the Constitution.
The PTI’s counsel rejected a proposal of the judge to form a larger bench to decide the matter. The judge adjourned further hearing till Feb 9 as the counsel for the governor and the ECP sought time to file written replies.
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