Single bench decision on Punjab election: LHC division bench to hear ECP’s ICA tomorrow

19 Feb, 2023

LAHORE: A division bench of the Lahore High Court will hear on Monday an intra-court appeal (ICA) of the Election Commission of Pakistan (ECP) against the decision of a single bench wherein it had been ordered to immediately announce a date for the general election in Punjab. The bench comprises Justice Chaudhry Muhammad Iqbal and Justice Muzzammil Akhtar Shabir.

The same bench already issued notices on an appeal filed by Governor Punjab against the single bench’s order. The ECP’s through its counsel contended that the single bench had failed to consider that constitutional provisions and the Elections Act 2017 do not in any manner place any responsibility on the appellant (ECP) for the pronouncement of the date of the election. He pleaded that the single bench wrongly concluded that the governor is not empowered to announce a date for the election when he (governor) does not dissolve the assembly.

He asked the court to set aside the impugned judgment of the single bench as the law does not empower it to announce a date for the election. The single bench comprising Justice Jawad Hassan had on February 10 ordered the ECP to immediately announce the date of elections to the Punjab Assembly after consultation with the governor, in his capacity as the constitutional head of the province.

Copyright Business Recorder, 2023

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