ISLAMABAD , April 19, 2023: The Supreme Court of Pakistan will take up a petition filed by the Ministry of Defence seeking elections for the national and provincial assemblies on same day later today (Wednesday).
A three-member bench headed by Chief Justice Umar Ata Bandial and comprising Justice Munib Akhtar and Justice Ijazul Ahsan – the same bench which had ordered polls in Punjab on May 14 – will hear the plea at 11:30am.
The ministry has also requested the top court to recall its April 4 order that had fixed May 14 as the date for elections in Punjab.
The plea stated that “…the instant application may be granted, the order dated 04-04-2023 passed in C.P. No. 5/2023 may kindly be recalled with the directions that the general elections to the National and all Provincial Assemblies be held together, upon completion of the term of the National and the other two Provincial Assemblies i.e. of Sindh and Balochistan.”
Meanwhile, two citizens named Mohammad Arif and Sardar Kashif Khan have also filed identical petitions in the top court, seeking elections across the country on the same day.
May 14’s Punjab election fiasco
On April 5, the apex court had ordered the Election Commission of Pakistan (ECP) to hold elections in Punjab on May 14 and directed the federal government to release Rs21 billion in funds for holding elections until April 10, after the PTI moved the SC against delay in elections. The court subsequently ordered the ECP to present a report in this regard on April 11.
However, the federal government failed to comply with the order which resulted in the non-provision of funds to the ECP. As the ECP apprised the court of non-provision of funds, the court expressed resentment and issued notices to top government officials including the Attorny General of Pakistan Mansoor Awan, State Bank of Pakistan (SBP) governor Jameel Ahmad, and others.
On April 10, the centre decided to take the matter of allocation of funds to the parliament, and finance minister Ishaq Dar tabled the bill seeking approval of funds for holding elections.
As the officials responded on April 14, the court ordered the SBP to release RS21 billion in funds from the Federal Consolidated Fund until April 17 and submit a report in this regard on April 18. However, the SBP also failed to meet the deadline.
But, on April 18, the issue of allocation of funds became more complicated as the NA Standing Committee on Finance and Revenue sent the summary, presented by federal law minister Azam Nazir Tarar before the NA, recommending non-provision of funds for elections to the ECP to the federal cabinet. The federal cabinet, in turn, sent it back to the parliament. It later culminated in the NA’s approval of the summary.
Minister of State for Finance and Revenue Dr Aisha Ghaus-Pasha said the allocation of funds required approval from parliament. “Without the approval of parliament, no bill or budget has any legal authenticity.”
Army’s excuse from providing security
It is relative to mention here that the Ministry of Defence had, earlier, apprised the ECP that the army would not be available for election duty due to the ongoing security situation in the country and on the borders.