Why did ECP not advise President Alvi for simultaneous polls, asks CJP Bandial
- By Raja Mohsin Ijaz -
- May 24, 2023
ISLAMABAD: Chief Justice of Pakistan (CJP) Umar Ata Bandial on Wednesday asked the Election Commission of Pakistan (ECP) why it didn’t advise President Arif Alvi regarding holding simultaneous elections, ARY News reported.
The CJP’s remarks came as the Supreme Court resumed the hearing of the ECP review petition in Punjab general elections case.
The plea was heard by a three-member Supreme Court bench comprising CJP Bandial, Justice Munib Akhtar and Justice Ijazul Ahsan, the same bench that had issued the order for holding elections in Punjab on May 14.
During the hearing, the SC judge said that the election commission didn’t brief President Arif Alvi about the allocation of funds for elections.
At the outset of the hearing today, Attorney General for Pakistan (AGP) Mansoor Usman Awan came to the rostrum and began to present his arguments.
Read more: ECP FILES PLEA IN SC SEEKING REVIEW OF MAY 14 PUNJAB POLLS ORDER
“The court yesterday asked why the points highlighted by the ECP were not raised earlier,” he said, adding that the top court had also remarked that the government was adamant about the 3-4 majority order. “
“We had also mentioned the majority judgment in our response,” the AGP said.
Hearing these remarks Bandial said, “You should not worry. We are sitting here to hear you. If a reasonable point is raised, we will review it and take a decision.”
“The past will not be used against the government,” he said and asked AGP to tell his accomplices not to say such things at the door of the court.
Referring to claims of the SC providing PTI Chairman Imran Khan with a Mercedes, Justice Bandial said that reports attributed to the top court were not always accurate.
CJP said that even he did not use Mercedes and it was the police who had arranged luxury car for former premier Imran Khan.
“Tell your colleagues to avoid using harsh words in the Parliament,” the CJP advised and added, “We have welcomed you and even said ‘good to see you’,” he added.
Presenting his arguments, ECP lawyer Sajeel Swati highlighted that the SC always interpreted the Constitution as a “living document”.
At one point, Justice Akhtar noted that if the ECP’s argument regarding the jurisdiction of a review and appeal was accepted, it would “nullify the Supreme Court rules”.
He highlighted that no amendments were made to the jurisdiction of review in SC rules yet. “If jurisdiction is expanded, it will reopen cases dating back several years,” he noted.
The court adjourned further hearing of the election commission’s review petition in Punjab elections case till Thursday (tomorrow).
April 4 verdict
The Supreme Court – in its April 4 order – declared the Election Commission of Pakistan’s (ECP) decision to postpone elections to the Punjab Assembly till October 8 “unconstitutional” and fixed May 14 as a new date.
Read more: ECP FILES PLEA IN SC SEEKING REVIEW OF MAY 14 PUNJAB POLLS ORDER
In a 14-page review petition filed by the ECP on May 3, the electoral body pleaded with the Supreme Court to suspend its May 14 decision until a verdict on the revision petition on the issue.
“SC should review its decision as the judiciary doesn’t have the authority to give the date of elections,” the ECP petition read.
“If the decision is not suspended, the election commission will suffer an irreparable loss,” the petitioner pleaded.
The electoral watchdog further requested the apex court to “accept the instant Review Petition by revisiting, reviewing, reconsidering and recalling its April 4 order”.