As expected, the Pakistan Tehreek-e-Insaf (PTI) announced on March 23 that it would approach the Supreme Court against the Election Commission of Pakistan’s (ECP) decision to postpone Punjab Assembly elections from April 30 — as announced by the president earlier — to October 8, 2023. The party has decided to move the court against the commission for breaching the constitution by notifying a delay in the Punjab election.
“There is no other option but to hold elections on April 30,” said PTI Senior Vice President Fawad Chaudhry, while addressing a press conference alongside Asad Umar and Senator Ejaz Chaudhry. He urged the Supreme Court to take quick action – “It is your duty to save the constitution.”
A day earlier, on March 22, in a eight-page-long order, the ECP said it was “impossible” to hold and organise the elections “honestly, justly, fairly, in a peaceful manner and in accordance with the Constitution and law” due to security threats and financial problems – and that it would not be able to provide a level playing field to all the political parties.
The late night announcement by the ECP whipped analysts, commenters and social media activists into a frenzy. A cacophony of hashtags and posts ensued on Twitter.
Mehreen Zahra Malik asked, “how is the Election Commission going to justify this? Considering the reports that came out of recent civil military huddles, looks like executive and ECP on the same page.”
Punjab elections on Oct 8. How is the Election Commision going to justify this? Considering the reports that came out of recent civil military huddles, looks like executive and ECP on the same page.
— Mehreen Zahra-Malik (@mehreenzahra) March 22, 2023
Zahid F. Ebrahim tweeted: “Although there is merit in the argument for holding election for National and Provincial Assemblies on the same date, the ECP decision and justification to postpone elections for Punjab Provincial Assembly is unconvincing.”
Although there is merit in the argument for holding election for National and Provincial Assemblies on the same date, the ECP decision and justification to postpone elections for Punjab Provincial Assembly is unconvincing. pic.twitter.com/Lql56IYKh7
— Zahid F. Ebrahim (@zfebrahim) March 23, 2023
The Supreme Court Bar Association issued a statement to condemn the ECP move, and stated the ECP abrogated the constitution by postponing the elections till October as it was not authorized to change the date of the elections under any circumstances. “A caretaker government cannot work beyond the 90-day period stipulated in the constitution,” the statement issued by the bar association added.
Political and legal experts are almost unanimous in condemning the ECP’s postponement of Punjab elections. They agreed that it set a dangerous precedent for future elections, democracy and constitution.
Constitutional provisions provide solutions
Hina Jilani, senior lawyer and chairperson of the Human Rights Commission of Pakistan (HRCP), believes the constitution offers a way out of every situation. “Though the constitution stipulates a 90-day period for the holding of elections, there are provisions that may provide solutions in case of non-compliance,” she said on Naya Daur’s Khabar Say Aagay programme.
She explained that it is not the responsibility of the ECP to hold elections on time. It must however hold free and fair elections in accordance with electoral law – “Other state institutions must interpret the constitution to find a way out if the ECP at any point expresses its inability to hold elections”.
“I would never compromise on a democratic process. Elections must be held on time, but only after assessing the prevailing circumstances. It is possible to adjust the Punjab and KP assemblies’ election date to rescue the country from quagmire,” says Hina Jilani.
To her, a delay in elections on the basis of security concerns is incomprehensible. “Lack of finances and doubts about free and fair election in centre and provinces could be a legitimate reason for not holding elections on time,” she said.
Hina Jilani regretted that the current situation is more political than legal or constitutional, and that “the solution to this problem does not lie is seeking mediators but through the parliament. There is also a process of bringing back those who left the assemblies, or to reinstate assemblies that were dissolved without any reason.”
She advocates for leaders to sit together in the parliament, not on TV or social media, to thrash out issues. “I would never compromise on a democratic process. Elections must be held on time, but only after assessing the prevailing circumstances. It is possible to adjust the Punjab and KP assemblies’ election date to rescue the country from quagmire.”
On another note in the interest of stabilising democracy there is a need for constitutional amendment that if general elections are imminent this lacunae in the constitution cannot be used to just break up a viable government for pre poll rigging by a party.
8 October seems a good date all round as census would be done. SS should suggest that perhaps all stakeholders can sit together and ensure a free and fair ejections that would not be controversial so that peace can prevail.