The Supreme Court of Pakistan has declared the Election Commission of Pakistan’s decision to postpone the elections in Punjab and KP till October 8th, null and void.
On the other hand the federal cabinet has rejected the decision of the supreme court by terming it impractical. It seems that the government is not in the mood to comply with the orders of Supreme Court, and in current scenario the Prime Minister may implement emergency but it would enlarge the differences between the legislature and judiciary .The opening of new war front would not be a prudent step of the government because when all the economic indicators are pointing towards financial crunch and at this moment the country cannot afford the tug of war like situation between the two important constitutional institution of the country.
Now by giving the decision the Supreme Court has thrown the ball into the court of Prime Minister Shahbaz Sharif and next few days would tell how the government would react to it practically . It might be very much possible that the government may challenge the SC’s decision in the applet bench as the alliance sitting on the treasury benches, Pakistan Democratic Movement (PDM) thinks that elections on this juncture of time would not be favorable for them.
The three-member bench of the Supreme Court led by Chief Justice Umar Atta Bandiyal had reserved its decision a day earlier after six hearings of the case, which was announced by the court on Tuesday. The court said in its order that the Election Commission had crossed its limits by delaying the elections in Punjab and Khyber Pakhtunkhwa on 22nd March, as it had not any constitutional authority to do so, as the constitution of the country said that the elections should be held within 90 days after the dissolution of the assembly.
Initially it was a five-member bench but two of its members namely Justice Amin-ud-Din and Justice Jamal Mandokhel refused to sit in the bench. The two other members who remained a part of the bench besides the Chief Justice of Pakistan were Justice Ijaz-ul-Ahsan and Justice Muneeb Akhtar till the bench announced its decision.
With the decision of the Supreme Court, the previous schedule of holding elections in Punjab and Khyber Pakhtunkhwa on 30th April was restored, however SC made a slight change in it. The Chief Justice said in his remarks that the 13 days were wasted after the ECP’s order to delay the elections, so the election would be held in both the provinces on 14th May instead of the previous date of 30th April.
The bench instructed the federal government to release the funds of Rs 21 billion to the Punjab government by 10th April for holding the peaceful elections in Punjab. The court also gave order to the Punjab government that according to the law the elections should be free, fair and impartial in the province.
On the concluding note of the decision the court advised the political leadership to sit on the negotiation table for the sake of the country and its people.
It was the moral victory of Pakistan Tehreek-i-Insaf , which would put a deep impression on the politics of the country. If the election would be held in two provinces in accordance with the verdict of SC, then it would happen for the first time in the history of the country ever, that the polls would not be held simultaneously in the country.