LHC fixes PTI’s plea seeking election date

LAHORE: The Lahore High Court (LHC) fixed for hearing a PTI petition seeking direction for the Punjab governor to immediately announce the election date for the provincial assembly, ARY News reported on Saturday.

According to details, Justice Jawad Hassan will hear PTI leader Asad Umar’s petition on January 30 (Monday). Governor Punjab Baligh Ur Rehman has been made respondent in the plea via his secretary.

PTI’s Secretary General Asad Umar filed the petition through barrister Ali Zafar, seeking direction for the Punjab governor to immediately announce the election date for the provincial Assembly in order to ensure that polls are held within 90 days of its dissolution.

The plea contended that the governor of Punjab has been impleaded as a respondent since Article 105(3) of the Constitution requires him to appoint an election date to the provincial assembly not later than 90 days from the date of dissolution but he has failed to discharge that constitutional duty.

Over 10 days have passed since the Punjab Assembly has been dissolved but the governor has failed to fulfil his constitutional duty of appointing a date for the election. The petition claimed that it is mandatory for the respondent to appoint the date to maintain the continuity of the system. His inaction to do the needful is “unlawful and unconstitutional”.

Further, it said the failure of the respondent to appoint the election is creating hurdles for the ECP in discharging its duties, under Article 218(3) and the Elections Act, and in organising the election within the stated period of 90 days. The ECP in its letter highlighted these concerns but the respondent remained unmoved.

Punjab Assembly dissolved

It is pertinent to mention here that the Punjab Assembly was dissolved constitutionally after Punjab Governor Baligh ur Rehman excused himself from signing the summary, saying he could not become a part of the process.

Taking to Twitter, Governor Punjab wrote: “I have decided not to become part of the process leading to the dissolution of Punjab Assembly.”

The then Punjab Chief Minister (CM) Pervaiz Elahi forwarded the summary of dissolution on Thursday, and as per the Constitution, the assembly dissolves within 48 hours regardless of the governor’s decision.

According to Article 112 of the Constitution, the assembly stands automatically “dissolved at the expiration of forty-eight hours after the chief minister has so advised” if the governor does not do it.