By Special Correspondent
LAHORE: The Lahore High Court on Friday ordered the Election Commission of Pakistan (ECP) to ensure election for the Punjab Assembly within 90 days of the dissolution of the provincial assembly.
Justice Jawad Hassan announced short verdict late in the night.
A day earlier, the court had asked the ECP and Punjab governor to file replies by today (February 10) in response to the PTI’s petition, seeking a date for Punjab assembly elections. The Pakistan Tehreek-e-Insaf on January 27 had approached the Lahore High Court, requesting it order the Punjab governor to immediately announce a date for the election in the province as the assembly had been dissolved. The Election Commission of Pakistan had recommended the Punjab Assembly elections be held between April 9 and 17.
The petition which was filed through PTI General Secretary Asad Umar, stated that Governor Punjab Baligur Rehman had failed to fulfill his constitutional duty of announcing the election date. Justice Jawad Hassan presided over the hearing. PTI’s legal team was led by Barrister Ali Zafar.
PTI leader’s plea to LHC
A day earlier, the party leader Fawad Chaudhry had urged the court to announce a verdict on the case by tomorrow (Friday) in the interest of the public as her argued that “After three days, the constitutional requirement for holding polls in 90 days will be affected.” Fawad claimed that the government did not want to hold elections. The PTI leader said the elections must be held as prescribed in the constitution of the country and not on the desire of someone. Pakistan Tehreek-e-Insaf counsel Barrister Ali Zafar said they want an announcement on the election date at the earliest.
Governor Punjab Muhammad Balighur Rehman on Thursday informed the Lahore High Court that he was not under obligation in any manner to announce the date for the polls in the province, as he didn’t dissolve the provincial assembly while acting on the advice of the chief minister.
In his reply to the court, governor Punjab submitted that ccording to Article 105 of the constitution, he was responsible for announcing the date of elections in the province only if he dissolved the assembly, but not otherwise.
Justice Jawad Hassan turned down the Election Commission’s and governor Punjab’s requests to take this matter till Monday (Feb 13). PTI lawyer barrister Zafar argued that the constitution is clear about conducting elections within 90 days after the dissolution of an assembly.
Meanwhile, Additional AG Punjab Nasar Ahmad argued that the government does not have enough money to hold elections. Barrister Ali Zafar expressed his shock at such a “strange” statement, requesting the court to record the same. Upon his, Nasar retracted his statement.
Ali Zafar argued that after the Punjab assembly was dissolved, a caretaker government was established, however, the constitution says that the governor must announce the date for polls before forming a caretaker government.
“When the issue of announcing the election date was discussed with governor Punjab, he says he did not dissolve the assembly and he cannot give a date for the polls. When the matter of formation of a caretaker government came before him, he pleasantly performed his role which means the governor is showing double standards,” he said.
Barrister Ali Zafar also discussed the reply submitted on behalf of governor Punjab saying, “The governor says giving a date for polls is purely an obligation of the Election Commission as he did not dissolve the assembly”.
Zafar argued to the court that the Election Commission is agreeing to the fresh polls within 90 days while the governor is also willing for holding elections within 90 days and added the PTI’s petition is also about holding elections within 90 days. He said it means “the matter has become so easy”. Justice Hassan then remarked: “Now it is to be decided who will announce the date for elections.” Barrister Zafar argued if the governor will not announce the date, then the president could announce it.
