Pakistan’s top court overturns postponement of elections in key province

ISLAMABAD, Pakistan (AA) – Pakistan’s top court on Tuesday overturned the country’s electoral authority’s decision to postpone elections in a key province.

A three-judge bench of the Supreme Court of Pakistan led by Chief Justice Umar Ata Bandial had reserved the judgment on Monday after over a week-long hearing. It ordered the Election Commission of Pakistan to hold polls in northeastern Punjab, the country’s bellwether province, on May 14, according to the court record.

The court declared that the petitioner, the main opposition Pakistan Tehreek-e-Insaf (PTI) party, may file a fresh petition in the Supreme Court regarding elections in northwestern Khyber Pakhtunkhwa province.

The election commission, on March 22, had postponed the polls in Punjab until Oct. 8, whereas the governor of northwestern Khyber Pakhtunkhwa province also set the same date for fresh elections in the province.

Both decisions were challenged in the Supreme Court by Imran Khan’s PTI.

Declaring the Election Commission’s decision to postpone the elections “unconstitutional,” the bench observed that the Constitution does not allow the election authority to postpone the polls.

“The impugned order dated 22.03.2023 made by the Election Commission of Pakistan is declared to be unconstitutional, without lawful authority or jurisdiction, void ab-initio, of no legal effect and is hereby quashed.

“Neither the Constitution nor the law empowers the Commission to extend the date of elections beyond the 90 days period as provided in Article 224(2) of the Constitution,” the court order read.