Pakistan Court Rules Election Commission’s Move to Delay Votes ‘Unconstitutional’

Voters cast their ballot at a polling station during the by-election in Punjab province assembly seat in Lahore on July 17, 2022. Arif Ali/AFP via Getty Images

Pakistan’s Supreme Court ruled on April 4 that the election commission’s (ECP) decision to delay voting for two key provincial assemblies was “unconstitutional” despite the country’s ongoing political turmoil.

The ECP had previously announced that the elections in Punjab, the country’s most populated province, would be rescheduled to Oct. 8 from April 30 because it lacked the required funds and security support.

The panel also ordered a delay in the Khyber Pakhtunkhwa election.

The two provinces have been run by caretaker governments since the Pakistan Tehreek-e-Insaaf (PTI) party dissolved its assemblies in January to push for early general elections.

However, the Supreme Court said the ECP exceeded its jurisdiction by delaying the elections beyond the 90-day period after the dissolution of the legislature, Pakistan-based news agency Dawn reported.

“The impugned order dated 22.03.2023 made by the Election Commission of Pakistan is declared to be unconstitutional, without lawful authority or jurisdiction, void ab-initio, of no legal effect, and is hereby quashed,” the court stated.

“Neither the constitution nor the law empowers the commission to extend the date of elections beyond the 90 days period as provided in Article 224(2) of the constitution.”

The court directed the government to hold snap polls in Punjab on May 14, but it hasn’t yet determined the election date for Khyber Pakhtunkhwa.

The court also urged the government to release 20 billion rupees ($70 million) to the ECP by April 10 for the elections and make available all necessary personnel, including the armed forces, for the smooth conduction of the elections.

“Furthermore, in any case, the Government of Punjab and all officials thereof must, in the discharge of constitutional and legal duties and responsibilities, proactively provide all aid and assistance to the Commission for the holding and conduct of the general election,” it stated.

‘Watershed Moment’

Speaking to reporters after the court ruling, PTI Vice Chair Shah Mahmood Qureshi said he welcomed the verdict and called it a “watershed moment” in Pakistan’s political history.

“Today, the Supreme Court has buried the doctrine of necessity, restored the sanctity of the constitution, and buried all those conspiratorial forces that were creating hurdles in the way of democracy and a democratic and constitutional system in this country,” he said.

Qureshi said the court’s verdict had relieved the ECP of “all pressures” to conduct the elections.

“The Supreme Court has freed them and told them that it is their constitutional responsibility to hold free, fair, and credible elections. They should fulfill their constitutional responsibility now,” he added.

Pakistan’s former Prime Minister Imran Khan speaks in Lahore, Pakistan, on March 19, 2023, in a video still. PTI via Reuters/Screenshot via The Epoch Times

Imran Khan, the PTI chair and former prime minister of Pakistan, has been pushing for assembly elections in Punjab and Khyber Pakhtunkhwa to prompt an early general election, which he initiated after being ousted from parliament with a no-confidence vote.

The demands have been rejected by his successor, Shehbaz Sharif, who has said that the vote would be held as scheduled later this year.

Khan is currently facing 140 cases related to terrorism, murder, attempted murder, and blasphemy filed by the ruling coalition against him, Geo TV reported. He was granted interim bail by the court on April 4 in three corruption charges.

His supporters have clashed with police over recent days as authorities try to force Khan to appear in court on corruption charges. Khan had also requested an exemption from an in-person appearance in court on the grounds that his life was in danger.

Reuters contributed to this report.