Election date for Punjab PA: LHC admits PTI’s petition for regular hearing

LAHORE: The Lahore High Court on Monday admitted a petition for regular hearing filed by Secretary General Pakistan Tehreek-e-Insaaf (PTI) Asad Umar seeking court’s directions to the Election Commission of Pakistan (ECP) to announce the date of election of Punjab Assembly within 90 days of its dissolution.

The court also allowed the petitioner’s counsel to include ECP as the respondent in the petition. The court observed that the points raised needed consideration and directed the law officers to convey this order to concerned quarter and seek instructions by February 03.

The court also issued notices to the Attorney General of Pakistan as well as Advocate General Punjab and observed that the case is related to interpretation of articles of the Constitution and certain provisions of the Act involving infringement of fundamental rights of the petitioner as per Article 17, 4 and 5 of the Constitution including political justice.

Earlier, the petitioner’s counsel stated that the petitioner is seeking interpretation of certain important articles of the Constitution, specifically Articles 105 read with 112(1), 224(1), 224(1A), 224(2) and the preamble of the Constitution.

He pointed out that the then chief minister Punjab Chaudhry Pervaiz Elahi on January 12, 2023, referred the matter to the Governor of Punjab to dissolve the provincial assembly and in terms of Article 112(1) of the Constitution, it stood dissolved after 48 hours on January 14, 2023.

He also referred to a letter of the Speaker Punjab Assembly requesting the Governor to appoint a date for holding of general election of the Provincial Assembly but unfortunately this has not been acted upon so far.

The counsel further pointed out that on January 24, 2023, the ECP has also sent a letter to Principal Secretary to the Governor to give date of election of the Provincial Assembly.

The petitioner’s counsel at a court query stated that this petition is maintainable as Article 112 read with Article 224(2) of the Constitution mentioned that on dissolution of the Assembly, a general election to the Assembly shall be held within a period of 90 days after the dissolution.

The court observed it is evident that the ECP has categorically sent letter to the Governor to announce the date under Article 224(2) of the Constitution read with Section 57(2) of the Act but this power has not been exercised.

Therefore, in order to proceed further in this case, this court will examine the preamble of the Constitution also because period of holding elections is provided as 90 days in the Constitution which read with preamble guarantees the fundamental rights including political justice, the court added.

Copyright Business Recorder, 2023