Sunday, December 3, 2023

May 14 election issue ineffective but Election Commission empowered to change date, Supreme Court

Election Commission could not fulfill the responsibility, detailed decision issued
The Supreme Court has issued a detailed decision on the case of holding elections in Punjab on May 14.

Justice Muneeb Akhtar wrote a 25-page judgment.

In the written order, it was said that the short order of the court is maintained, the main task of the Election Commission is to conduct elections.

The order further said that now this matter has become ineffective, the petitions of the Speakers are dealt with after the supervisory setup of Punjab and KP.

A three-member bench headed by Chief Justice Umar Atta Bandial of the Supreme Court heard the election cases in Punjab and Khyber Pakhtunkhwa.

The Supreme Court said that it is the responsibility of the Election Commission to conduct the elections, the elections are not only the petitioners but also the long-standing demand of the people.

In the decision, it was said that the Election Commission cannot automatically advance the date of the elections, the Election Commission could not give a satisfactory answer, the duty of the Election Commission is to ensure fair and transparent conduct of elections, the Election Commission is not the master of conducting elections but It is a constitutional organ or institution.

The Supreme Court in its decision said that the Election Commission cannot ignore the other to fulfill one constitutional responsibility, the Constitution clarifies the difference between ‘duty’ and ‘power’, the Constitution does not allow the Election Commission to interfere in all matters related to elections.

In the decision, the question was raised whether the Prime Minister or the Chief Minister should take permission from the Election Commission before dissolving the assemblies.

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The court said that the question is what the Election Commission should have done when the executive authorities failed. Constitutionally and legally, the answer is very clear, instead of postponing the elections for months, the Election Commission should have come to the court itself to take the writ.

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