SC adjourns elections review case as judgements review bill becomes law

ISLAMABAD – The Supreme Court of Pakistan has adjourned the hearing on the review petition of the Punjab Election Commission as the Attorney General apprised the court that the Supreme Court (Review of Judgements and Orders) Bill 2023 had come into effect.

Chief Justice led bench conducted the hearing of the review pleas against the apex court order for holding elections in Punjab on May 14.

At the outset of the hearing, Attorney General Mansoor Awan told the court that Supreme Court Review Act has now become law after President's assent, saying with the new law in place, only a larger bench would be able to hear the review plea.

CJP Bandial remarked that the court would resume hearing a series of petitions challenging the government-appointed judicial commission. He said the court is aware of new law, saying situation will become interesting.

Later, the three-member bench adjourned the hearing on the electoral watchdog’s review petition on the Punjab election date.

Last week, the country’s top judge raised questions over extending elections, ruling that democracy has been sacrificed several times in the past and the repercussions continued for years.

ECP should seek solid explanations from the Finance Ministry over unavailability of funds. Justice Bandial said Election Commission is itself inactive.

The country's top electoral authority filed a petition in apex court under article 188 of the Constitution read with Article 187 and order xxvi rule 1 of the Supreme Court Rules 1980 for review of the judgement dated April 04, 2023 passed in constitution petition No.5 of 2023.

In its April 4 order, Surpeme Court ordered the electoral body to hold elections in Punjab on May 14. It also invalidated an ECP order to put off the elections till October due to financial and security constraints. 

In the review petition, the ECP said it was not the mandate of the superior courts to appointed the date for elections, stating: “Such power exists elsewhere under the Constitution but certainly not lie in a Court of law. There is inherent wisdom in that. Since the Courts are not experts in assessing the ground realities in order to arrive at requisite conclusions, the framers of the Constitution did not grant the Courts a jurisdiction to assume the role of public bodies. Therefore, while passing the Impugned Order under review, it is respectfully submitted, that the Court disregarded its constitutional jurisdiction and assumed upon itself the role of a public body in giving a date; thus intervention by the Court is necessitated to correct an error which has effectively changed the settled constitutional jurisprudence of the country”. 

Saying the Constitution had defined the powers of all institution, the ECP argued that it was its solitary domain to change election programme under section 58 of the Elections Act, 2017. 

“The order under review appoints a date of 14.05.2023 for holding the general elections in Punjab by holding that the Commission had no power to pass order dated 22.03.2023,” read the petition, adding that the order had made the commission toothless.  

It also highlighted that fair and transparent general elections for the National Assembly could not be held in the presence of the elected government in Punjab as it could influence the results. 

“That in view of the aforesaid it is most respectfully prayed that this August Court may graciously accept the instant Review Petition by revisiting, reviewing, reconsidering and recalling its Impugned Judgment dated 04.04.2023, in the interest of justice and equity,” it stated.