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| Chief Justice Umar Ata Bandial |
On Tuesday, the Supreme Court of Pakistan overturned an ECP ruling that would have postponed elections in the provinces of Punjab and Khyber Pakhtunkhwa.
After hearing arguments from both sides, on Monday the judgement was reserved by a three-member bench of the Supreme Court consisting of Chief Justice Umar Ata Bandial, Justice Munib Akhtar, and Justice Ijazul Ahsan. The Supreme Court decided that the election date of April 30 will be moved to May 14.
The Ministry of Defense handed along its findings to the Supreme Court in a sealed envelope before the decision was made. According to our sources, the reasons why the military isn't available for the polls in Punjab and Khyber Pakhtunkhwa are detailed in the article. After analysing the findings, the court will issue a ruling.
After hearing arguments from both sides on Monday, Chief Justice Umar Ata Bandial and Justices Munib Akhtar and Ijazul Ahsan reserved their decision. The Ministry of Defense handed over a confidential report to the Supreme Court, detailing the circumstances under why electoral security personnel in Punjab and Khyber Pakhtunkhwa could not be made available. When the court has read the report, a decision will be made.
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| The Three-Judge panel |
The three-judge panel, which included CJP Umar Ata Bandial and Justices Munib Akhtar and Ijazul Ahsan, issued its ruling in favour of the Pakistan Tehreek-e-Insaf (PTI) party, which is led by former prime minister Imran Khan.
A significant police presence was stationed at the building's main entrance to ensure the safety of those entering the supreme court.
As the electoral process was already in its fifth stage when the ECP made its decision, the supreme court ruled that the ECP lacked the jurisdiction to postpone the election date under the Constitution and the legislation. The court noted that the ECP's order wasted 13 days and found that moving the election date to October 8 was an unlawful act on the part of the electoral body.
According to the ruling, the Election Tribunal's decision on challenges to the returning officer's decision will be released on April 17.
The ruling said that elections in Punjab and Khyber Pakhtunkhwa must be "open, fair, and conducted in accordance with the law." The ECP was also ordered to provide a report on the matter by April 11 and given Rs 21 billion in funding by the federal government by April 10.
In the event that the money are not given, the Supreme Court will issue orders to the relevant authorities, as stated in the ruling.
The government of Pakistan had already filed a declaration via the country's attorney general, Mansoor Awan, asking for a full court to hear the issue. It further argued that the PTI suit should be thrown out because of the "4-3" judgement the Supreme Court gave on March 1.