The Supreme Court has issued a comprehensive 25-page decision regarding the scheduling of elections in Punjab. The written judgment, authored by Justice Muneeb Akhtar, highlights that holding elections has been a longstanding demand, not only from the petitioners but also from the people of Punjab and Khyber Pakhtunkhwa (KP). The court emphasized that the Election Commission cannot unilaterally advance the election date.
The Supreme Court found that the Election Commission failed to provide a satisfactory response to whether the election date could be moved forward or not. It clarified that the Election Commission is not merely an authority but has a constitutional responsibility. Democracy necessitates elections as mandated by the Constitution of Pakistan, and holding elections is vital for meaningful democratic functioning. The Election Commission cannot evade this responsibility.
The judgment emphasized that the Constitution of Pakistan does not shield any mistakes or decisions made by the Election Commission, and the Supreme Court holds the power to review such decisions.
During the proceedings, the Election Commission and government lawyers argued for holding elections simultaneously throughout the country. However, the Supreme Court highlighted that accepting this argument would grant the Election Commission the authority to prematurely dissolve the assemblies, which would bestow it with a veto power.
The written judgment reaffirms that the Constitution does not allow the Election Commission to interfere in all matters related to elections. However, it also clarifies that the Election Commission cannot refuse to conduct elections, as it is a constitutional obligation.
