ISLAMABAD, May 03 (NNI): The Election Commission of Pakistan (ECP) on Wednesday filed a plea in the Supreme Court seeking review of the apex court’s April 4 decision of holding elections in Punjab on May 14 next.
“The Supreme Court should review its decision of April 4. The judiciary does not have the power to give the date for elections. The makers of the Constitution did not give the right to the judiciary to give the date for elections,” the petition said.
“The Supreme Court altered the law by giving the date for elections in Punjab. The Supreme Court should correct the mistake. The Constitution of Pakistan has clearly defined the powers of the institutions,” it added.
“Conducting free and fair elections is the constitutional responsibility of the ECP. It is respectfully requested that the Supreme Court has negated its own rules by giving the election date,” it stated.
“The ECP has the power to change the programme for elections. The Judiciary has the power to only interpret the Constitution. It has no right to rewrite the Constitution,” it stressed.
“Neither the Constitution nor the law empowered the Supreme Court to fix the election date. A strong election commission is necessary for a strong democracy in the country. It is impossible to hold free and fair elections without a strong election commission,” it pointed out.
“The ECP as a constitutional body is entitled to respect. If the ECP makes a mistake in a decision, the judiciary can ask to correct it. The Supreme Court should refrain from interfering with the powers of the ECP,” it emphasised.
“Free and fair elections are not possible due to the recent political divide. There is a lack of funds and the shortage of security personnel. Without a conducive environment, free and fair elections cannot take place,” it stated.
“The constitutional limit of holding elections in 90 days should, no doubt, be enforced. In the same way, the implementation of the constitutional provision of holding free and fair elections is also necessary,” it pointed out.
“Conducting elections in Punjab will raise questions about the transparency of the National Assembly elections, for the Punjab government will be able to influence the National Assembly elections,” it added.
“Of the 326 seats in the National Assembly, the number of seats in Punjab and Khyber Pakhtunkhwa (KP) is 228. The number of seats of both provinces in the National Assembly is 72 percent of the entire House. The term of the National Assembly will end in August. The facts on the ground should be properly assessed,” it emphasised. NNI
