ISLAMABAD
Supreme Court (SC) has dismissed review petition of Election Commission (EC) in Punjab polls case.
A 3-member bench of SC presided over by the Chief Justice of Pakistan (CJP) Umar Ata Bandial on Thursday took up for hearing EC review petition regarding Punjab election.
Counsel for EC argued in the court SC has given detailed decision in respect of Punjab election. In the light of detailed decision one week is required to give arguments on additional grounds.
The CJP while addressing the counsel for EC remarked we will not provide time to you. The power to give date for election has been given to EC following the amendment in law.
Justice Munib Akhtar remarked this question is not before us who will give date. We are hearing review petition at present. Justice Munib Akhtar remarked what points have not been raised in original case should not be raised in review case.
The counsel told the court he wants to highlight workers party case.
Justice Munib Akhtar remarked court has given its view point after arguments on these things. Tell us from record what mistakes are there in the decision which should be reviewed.
The CJP remarked you have not only powers in connection with election but it is your constitutional obligation too.
The counsel for EC said we have to discharge the duty of holding election effectively. I want to draw the attention of court to some points. Justice Munib Akhtar remarked if you have to raise some points before court then come in some other case. Justice Ijaz ul Ahsan inquired tell us what are the mistakes in detailed decision in Punjab election case.
Justice Munib Akhtar remarked it is clearly mentioned in the constitution elections have to be got conducted in 90 days.
Justice Ijaz ul Ahsan remarked the clear mandate of constitution cannot be changed. The constitutional mandate of holding election in 90 days cannot be changed by passing law. . EC cannot delay election beyond 90 days.
The counsel for EC argued some exemption has been given in certain reasons on holding election in 90 days. There are some mistakes in SC decision regarding EC submissions.
Justice Ijaz ul Ahsan remarked EC has to organize and conduct election according to clause 3 of article 218 of the constitution. EC has to organize and conduct election within constitutional period of 90 days. How EC gave this exemption to itself that it could delay election. The counsel for EC told the court constitution assigns responsibility that the EC has to ensure elections are held in fair manner and transparent manner. Justice Ijaz ul Ahsan questioned if EC does not ensure for five years that election will be held fairly and transparently then the election will not be held. The counsel for EC replied it is not my plea.
Justice Ijaz ul Ahsan inquired then what is your plea. It is not becoming comprehensible since the last half hour what is your plea.
The CJP while addressing counsel for EC remarked you gave statement before us that funds and security be provided then EC will hold election. Wakeel Sahb, identify any mistake in our decision . You have not identified any mistake in our decision so far. It is not hand to hand fight but it is a constitutional matter. Constitution is connected with people of Pakistan.
Justice Munib Akhtar remarked we cannot go outside the constitution. We have asked 10 times from you to point out mistake in the decision.
The counsel Sajeel Swati said no law can curtail the powers of EC.
Justice Munib Akhtar remarked the matter is not of law but it is matter of constitution. The constitution says the election has to be held in 90 days at every cost.
Justice Ijaz ul Ahsan remarked EC cannot take the election beyond 90 days. EC cannot say this that law has been enacted and it does not matter if elections are not held within 690 days now.
The counsel said we cannot overstep the constitutional mandate. The clause of holding election in 90 days should be read with article 254. In specific circumstances the election can go beyond 90 days.
Justice Ijaz ul Ahsan remarked how can the EC decide about specific circumstances.
The counsel said EC can exercise the powers under article 218(3) and not the court.
Justice Ijaz ul Ahsan remarked this is simple question that EC got the constitutional mandate of delaying election than 90 from where.
The counsel said EC has sweeping powers to ensure holding election in fair and transparent manner.
Justice Ijaz ul Ahsan again inquired can EC say it cannot ensure transparent election for five years. We are understanding nothing you want to say what.
The counsel said the stance of not holding election in five years was never adopted by EC.
Justice Ijaz ul Ahsan inquired we are asking for 18th time what is mistake in the decision.
Justice Munib Akhtar remarked court is not sitting here to convince your if there is any mistake in the decision or otherwise.
The counsel said transparent elections are basis of democracy.
Justice Munib Akhtar remarked this is also written in court’s decision. Then what is mistake in the decision.
The counsel said the mistake is this EC can not take election beyond 90 days.
Justice Munib Akhtar remarked if EC feels any hindrance in fair and transparent election then it can come to court. EC cannot decide itself that elections have not to be conducted.
He further remarked this is not war of powers that it is my power and that is your power.
The SC dismissed EC review petition on Punjab election.
