ISLAMABAD: The whole focus of Supreme Court of Pakistan (SC) is on the polls in Punjab in 90 days and the required funds, while nothing is clear about the election for the Assembly of Khyber Pakhtunkhwa, which was dissolved only four days after the dissolution of Punjab Assembly.
The issue started with Pakistan Tehreek-e-Insaf (PTI) approaching the Lahore High Court (LHC) in February against the provincial government for not announcing the date for election. On February 10, the LHC ordered the Election Commission of Pakistan (ECP) to fix the date for the election in consultation with Punjab Governor within 90 days after the dissolution of Assembly. The Governor and the ECP, however, filed an intra-court appeal against the verdict. On the other side, the matter remained struck in Khyber Pakhtunkhwa.
In the meanwhile, hearing the case of suspended CCPO Lahore Ghulam Mahmood Dogar, Justice Ijaz ul Ahsan Ahsan and Justice Mazahar Ali Naqvi of Supreme Court, expressing concern over the delay in holding elections, referred the matter to the Chief Justice for a suo motu notice on February 16. Surprisingly, the Chief Justice took suo motu in six days. On February 21, the President gave April 9 as the date for elections in Punjab and Khyber Pakhtunkhwa.
The Supreme Court, in its March 1 order, said President Arif Alvi shall give the election date for Punjab Assembly as the Governor had not signed the dissolution order, while the Pakhtunkhwa Governor will announce the date for the polls.
After that, the President gave April 30 as the date for the election in Punjab, and the ECP issued a notification, while Governor Pakhtunkhwa fixed the election date as May 28.
On March 22, the ECP gave October 8 as the new date for election in Punjab. Governor KP suggested the same date for polls in his province.
Later, a three-member bench of Supreme Court gave May 14 as the date for election for Punjab Assembly, while the petitioner from Pakhtunkhwa was asked to approach a proper forum to file a plea for the relief.
The SC gave a date for the Punjab Assembly election though a decision of the Lahore High Court was already in the field and Justice Athar Minallah also referred to it. The SC, however, did not announce any date for the KP polls despite the fact that there was no judicial decision to that effect.
On April 10, the PTI approached the SC for KP polls date but the registrar returned the petition, stating that the petition did not clearly mention the causes for filing a constitutional petition.
Later, the PTI moved the Peshawar High Court where a two-judge bench heard the case. The KP Assembly speaker, who is also the petitioner, told the court that his counsel could not appear before court because of strike. The court issued notices to the president, federal and provincial governments, the governor etc and adjourned the hearing to April 19 (today).
So far, the SC has focused on Punjab while there is no date for KP polls. Some 123 seats are vacant in the National Assembly after resignations of the PTI members. Five high courts have stayed by-elections to 80 vacant seats that were scheduled to be held. The 60-day deadline given by the Constitution for by-elections has already lapsed while the National Assembly will complete its term in August.
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