The Lahore High Court disposed of on Tuesday a petition challenging the Election Commission of Pakistan’s delimitation notification.
The petitioner, Muhammad Muqsit Saleem, contended that the caretaker government setup was causing a delay in elections beyond the statutory period of 90 days.
He requested the court to declare the ECP’s impugned notification, issued on August 17, as ultra vires of the Constitution of Pakistan. He further requested the court to demand concerned respondents to stop following “unconstitutional directions” and take legitimate steps to ensure the implementation of the Constitution, which guarantees elections in 90 days.
Saleem had further asked the court to suspend the operation until the decision of this petition was announced.
During the proceedings, Justice Abid Aziz Sheikh questioned the petitioner’s counsel about why the president failed to announce election dates. “The situation would have been different today had the president announced the election date,” he remarked. “Is there any law under which the ECP can announce the election date?” he further asked.
The lawyer representing the ECP argued that the president can constitutionally not direct the ECP in this regard, but can announce an election date. However, Justice Sheikh stated that it is, in fact, the “constitutional obligation” of the president to give an election date.
The judge told the petitioner that his first question should have been about the election date instead of worrying about its delay.The counsel responded that the ECP was rendering its role in accordance with the law, adding that the Constitution was “very clear” that elections will be conducted on the latest de-limitation record.
