Pakistan's top court overturns postponement of elections in key province

Pakistan's top court on Tuesday overturned the country's electoral authority's decision to postpone elections in a key province.

A three-judge bench of the Supreme Court of Pakistan led by Chief Justice Umar Ata Bandial had reserved the judgment on Monday after over a week-long hearing, ordered the Election Commission of Pakistan to hold polls in northeastern Punjab, the country's bellwether province, on May 14, according to the court record.

The court declared that the petitioner, the main opposition Pakistan Tehreek-e-Insaf (PTI) party, may file a fresh petition in the Supreme Court regarding elections in northwestern Khyber Pakhtunkhwa province.

The election commission, on March 22, had postponed the polls in Punjab until Oct. 8, whereas the governor of northwestern Khyber Pakhtunkhwa province also set the same date for fresh elections in the province.

Both decisions were challenged in the Supreme Court by Imran Khan's PTI.

Declaring the Election Commission's decision to postpone the elections "unconstitutional," the bench observed that the Constitution does not allow the election authority to postpone the polls.

“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.

“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 order read.

The judges also ordered the federal government to give the election commission Rs 21 billion (about $73.7 million) by April 10 in order to hold elections in the two provinces.

The court warned that if the federal or the Punjab caretaker governments fail to provide funds and assistance to the election commission, the latter could approach the Supreme Court.

The government of Prime Minister Shehbaz Sharif already expressed reservations about the hearing, pointing fingers at the formation of the bench, and demanding a full-court bench to hear the crucial petition filed by the PTI.

The demand was rejected by the Supreme Court.

The top court, in early March, in a 3-2 verdict, had ordered the Election Commission to hold polls in the two provinces within 90 days.

The Election Commission, however, postponed the polls until Oct. 8, citing financial and security reasons.

The elections, otherwise, were slated to be held on April 30 after former Prime Minister Imran Khan had dissolved his governments and the assemblies of the two provinces in January in an attempt to force the government for snap elections.

- 'Victory of justice'

The government, nonetheless, insists that elections should be held simultaneously throughout the country.

Former Foreign Minister and PTI vice-chairman Shah Mahmood Qureshi welcomed the verdict, calling it a "victory of justice."

Talking to reporters outside the courthouse, Qureshi called upon party workers to resume election-related activities across the province.

The government, for its part, expressed disappointment with the verdict.

Federal Minister for Law and Parliamentary Affairs Azam Nazir Tarar warned during a press conference in the capital Islamabad that the Supreme Court's decision "will further complicate the ongoing constitutional and political crisis" in the country.