ECP appeals LHC decision on announcing election date

• ECP has challenged the decision of the single bench of the LHC
• The court ordered ECP to announce the election date immediately.
• Punjab Governor also appealed the court’s decision

LAHORE: The Election Commission of Pakistan (ECP) has challenged the decision of the single bench of the Lahore High Court (LHC) directing the electoral body to announce the election dates.

The election commission filed an intra-court appeal making the Pakistan Tehreek-e-Insaf (PTI) and Governor Punjab respondents in the case.

The appeal said the single bench did not properly assess the facts.  According to the law, it is not the prerogative of the ECP to give the election date, the petition maintained.

The petition said it is against the Constitution and the Election Act to instruct the election commission to provide the election date.

The petition called for annulling the decision of the single bench directing to announce the date of the election. It urged to issue a stay order of the court’s judgment until the appeal is heard.

A single bench comprising of Justice Jawad Hassan of the LHC had ordered the ECP to immediately announce the date of elections to the Punjab Assembly after consultation with the governor. The judge ordered to ensure that polls are held within 90 days as mandated by the Constitution.

The judge heard petitions of the PTI and lawyer Munir Ahmad seeking directions for the governor and the ECP to immediately announce a date for general elections since the assembly had been dissolved.

The judge ruled that Article 219(d) of the Constitution provides that the “ECP” is charged with the duty of “the holding of general elections to the National Assembly, provincial assemblies and the local governments.”

In the line with the LHC order, a three-member ECP delegation called on the governor on Tuesday but the meeting remained inconclusive.

The governor was of the opinion that he was not obliged to announce the election date as he had not dissolved the assembly.

The governor said that he did not want to take any extra-legal and constitutional steps. He said the court’s decision requires interpretation over his role and they will take the legal.

Punjab Governor Baligh-ur-Rehman eventually challenged the LHC’s decision to hold elections in the province in 90 days.

The governor through his counsel filed an intra-court appeal against the single bench’s ruling. A two-judge LHC bench will take up the governor’s appeal on Feb 21.

The intra-court appeal seeks an interpretation of the single bench judgment and calls for scrapping the paragraph from the verdict which calls for consultation between the governor and the electoral body.

The petition argued that the governor has no constitutional authority in this matter. The petition also highlighted that Baligh-ur-Rehman did not sign the summary of the dissolution of the assembly. Therefore, the governor cannot be involved in deciding the polls date.

The court issued notices to the ECP and others including the attorney general of Pakistan (AGP) and advocate general for assisting the court.

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