We will not take any step which would affect & harm the election schedule announced by Election Commission of Pakistan: SC
Says no one can exercise ECP powers
Court says objections against delimitation cannot be raised after release of election schedule
ISLAMABAD ( Web News )
Removing further impediments in the path of the February 8 polls, the Supreme Court of Pakistan on Monday ruled that objections could not be raised against the delimitation of constituencies once the election schedule was released. The court said that we will not take any step which would affect and harm the election schedule announced by Election Commission of Pakistan for holding general elections on 8th February 2024. The court said that after announcement of the schedule every kind of litigation should come to an end and become infructuous. The court said that the elections should be held on time. The court said that after the announcement of the election schedule the high court were verdict was also not given effect. The court said that the Islamabad High Court has declared that the high courts have nothing to do with the delimitations.
The order was passed by a three-member apex court bench headed by Acting Chief Justice Sardar Tariq Masood and comprising Justice Syed Mansoor Ali Shah and Athar Minallah on a plea filed by Gul Khan and others v. Saeed ur Rehman and others belonging to districts of Zhob and Shirani of Balochistan. Gul Khan had challenged the Balochistan High Court verdict changing the delimitations carried out by Election Commission of Pakistan in PB-1 and PB-2.
Afnan Karim Kundi, Senator Kamran Murtaza and Masoom Khan Kakar appeared on the behalf of petitioners and respondents. DG Law ECP Muhammad Arshad, Additional Director Law ECP Khurram Shahzad appeared before the bench on behalf of ECP on court notice.
The SC set aside the BHC’s order and accepted the petitioner appeal. During the hearing, Justice Athar Minallah asked how could the court use the authority that lawfully lies with the Election Commission.
“Challenges to constituencies have all been rendered ineffective after the release of the election schedule,” Justice Syed Mansoor Ali Shah remarked, highlighting that the electoral process could not be affected to provide relief to an individual. “We have to draw a line and set a limit in this regard,” the judge added.
Justice Shah said that in result of this process the elections could be derailed, adding that when the election schedule comes then everything stops.
Justice Athar Minallah remarked that the law gives power to ECP and how the high court could substitute this power under Article 199 of the Constitution.
Meanwhile, Justice Sardar Tariq Masood said he did not understand why everyone wanted elections to be delayed. “Let polls take place,” he asserted.
At one point, Justice Minallah said that “floodgate” will open in the top court if the SC accepts the plea. “Everything else comes to a halt once the election schedule is issued,” he said, adding that the electoral body’s biggest test was to ensure fair & fair polls on February 8.
The court subsequently suspended the BHC decision and allowed the petition filed by Gull Khan.
Meanwhile, Balochistan Election Commissioner Ejaz Anwar Chohan said a day earlier that all resources would be utilised to ensure that elections are conducted in a peaceful, free, fair and transparent manner.
“Holding peaceful elections in Balochistan is a challenge and the Election Commission of Pakistan will fulfil its responsibilities effectively,” he had pledged in an interaction with media in Quetta.
He said police and other security personnel would be deployed at the polling stations, adding that the army would be called in if an untoward situation arose.
“All political parties and candidates participating in the elections would be treated equally,” Chohan had said, adding that a level playing field would be provided to all contesting parties and individuals.
He had also expressed the hope that law enforcement agencies would play a key role in bringing improvement in Balochistan’s security situation.