Constitution Vs ECP’s verdict.

By Syed Wakeel Ahmed 

The ECP’s verdict of delaying elections of  Punjab assembly is not only disobeying constitution of Pakistan but, also the orders of the Supreme Court of Pakistan. 

The election commission of Pakistan postponed Punjab’s elections until 8 oct, which were to be held on 30th April. 

The coalition government of PTI and PML-Q had dissolved the assembly of Punjab and KPK (by the PTI govt) in January simultaneously. The primary objective of Imran Khan was coercing federal government to dissolve National Assembly and go into early elections countrywide. 

Although federal government dint went into general elections but, an interim government was made in Punjab and KPK.

Later then, the federal government had demanded the delaying of elections amidst countries economical situation, and even debated in parliament about the delaying of both assemblies elections and to held a countrywide elections on its due time in October.

Perhaps there is no such requirement in the constitution but, they the ( PDM) started proposing this idea that, the general elections would be contentious if, had not held simultaneously. 

The constitution of Pakistan has clearly indicated that, if the assembly is dissolved the elections of that assembly must be held within 90 days, in-spite of the fact that there can be delaying in National Assemblies elections constitutionally, had there been a serious issuances but, the constitution vehemently utters that the elections of the provisional assembly if dissolved be held within 90 days. 

The legal experts are unanimous that there is no other alternative than holding elections within 90 days, but still few of the PDM legal experts are unceremoniously claiming that, the elections in 90 days are not mandatory and even asserts that, it is not in the constitution, however if the elections are not held as per the constitution then ostensibly if something is based on obvious facts and it’s abrogated it would be a violation of the constitution.

When governors and ECP were reluctant in giving dates of the election, the Supreme Court of Pakistan had to intervene, Supreme Court passed a verdict which was by a 3/2 majority, that stated, the ECP is accountable and responsible of giving dates of the elections within 90 days and, should not cross the deadline. 

Later then, in that context the ECP gave 30th April the date of Punjab assembly elections.

But later; after ECP’s consultations with all the law agencies, intelligence agencies, defence department, interior ministry, and the military, ECP yesterday decided that, it is not viable to hold elections because of the hanging security situation and lack of fundings from the government.

PTI indeed condemned the step taken by the ECP of delaying elections and has called It violation of the constitution and decided to challenge it in Supreme Court of Pakistan. Almost all the lawyers, legal experts are unanimous that the decision is blatantly violation of the constitution and the orders of Supreme Court of Pakistan. 

The 8oct day of elections by the ECP shall have prolong drastic repercussions and impacts on Pakistan’s economy, Politics, constitution and society, the verdict of the ECP patently seems in-contrast to the constitution.

When it will be challenged, it will obviously be contempt of court too. Which will include ECP, government, and the institutions that denied providing protection and facilities as required. 

The very next insinuation’s would be, that can the 90 days elections be held later? Or either is it written in the constitution to delay the elections? And this is something which has to be seen.

The very next intriguing fact would be, who will be listening this hearing? Would it be the same bench? If it would be, then it ostensibly would be controversial again as it was before from the PDM, and if it would be a new bench, it would be fascinating that who will be hearing it, and what sort of bench would it be either a full bench or not, however the enigma to this would be solved in coming days. 

The next and most salient challenge would be that, it will not only be legal battles but, it will fabricate a constitutional crisis in the country. 

Most of the legal experts emphasis that, the decision of delaying elections not just from 90 days but delaying it for next 6 months is clear violation of the constitution, and a care taking setup can not at any extent be in government for more then 3 months, so the next bizarre question? Is who will be governing these two provinces after 90 days.

The decision of shying away from the elections is a threat to democracy, avoiding the legal rights of casting vote from citizens and selecting their own people which is there fundamental rights is absolutely erroneous. 

ECP is not an elected body, it is a state institution and a constitutional body but, not democratically elected body, although democratically elected people elect them, but the person in charge (the chief election commissioner) is not elected, so! the none elected people deciding the rights of citizens, of when they can caste vote, and when they can not, which literally is decided by the constitution. 

And this is obviously weakening the democratic system of the country, which is guaranteed by the constitution. 

So we can ponder  that “democracy was historically been exploited from out side, this time democracy is being imploded from inside”.

The decision of the ECP will exaggerate  saviour political polarisation between parties, and in public domain crisis will grow significantly, and we will not be seeing any end-inside to these rife’s in the near future, rather escalating further. 

The more these crisis keeps escalating it would have direct consequences on economy of the country, which is already tanked.

The judiciary will have a pivotal role in Pakistan’s cataclysmic crisis in coming days, as now it’s again the final say of judiciary to declare the ultimate fate of the ECP’s decision. 

In 80’s Gen, Zia’s unceremonious sentence regarding constitution that “ constitution is not important but, it is only a piece of paper” which ultimately meant that constitution is not important but, important are the leaders how they make decisions. 

The verdict of ECP shows the legacy of Gen, Zia, and thus far most of the political leaders, military Generals, and different institutions does not regard the constitution as the prime and secret document and mediate they are the better judge then the constitution, which is very much against the spirit of the framing of the constitution itself. 

We have seen the legacy of Zia been followed by the PTI too last time disregarding the constitution and, now by the PDM, which means the political leaders must think again about the respect, and fate of the constitution. 

In this all conflict, the beneficiaries would only be the none democratic bodies of the society. 

The writer is student of journalism 

Twitter; imwakeel05