SC of Pakistan has denied any delay in the Polls

Dec 19, 2023 - 10:52
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SC of Pakistan has denied any delay in the Polls

The Supreme Court, emphasizing the urgency of the February 8 general elections, declared on Monday that objections against the delimitation of constituencies are no longer justifiable following the release of the election schedule.

In a three-member bench led by acting Chief Justice Sardar Tariq Masood and including Justice Syed Mansoor Ali Shah and Justice Athar Minallah, the court overturned the order of the Balochistan High Court (BHC) regarding the delimitation of two provincial constituencies. This decision came after granting leave to appeal to the Election Commission of Pakistan (ECP).

The BHC had modified the ECP's delimitation of constituencies in Shirani and Zhob, leading the electoral body to file an appeal in the Supreme Court. During the hearing, Acting Chief Justice Sardar Tariq Masood expressed confusion about the persistent desire to delay the elections.

Justice Syed Mansoor Ali Shah noted that pleas related to the delimitation of constituencies became moot after the electoral body issued the schedule for the upcoming polls. He emphasized that providing relief to an individual should not disrupt the entire electoral procedure, asserting the need to draw a line and set limits in this matter.

Similarly, Justice Athar Minallah questioned the high court's use of authority over the constitutional body, the ECP. He expressed concern that a flood of pleas would reach the apex court if a decision was made on the ECP's plea. Justice Minallah remarked that once the schedule is announced by the electoral body, everything comes to a halt, and the ECP's formidable challenge is now to ensure free and fair polls transparently, as outlined in the Constitution.

Subsequently, the court set aside the BHC's order. In a recent hearing led by Chief Justice Qazi Faez Isa, another three-member bench of the Supreme Court concluded that the Lahore High Court derailed the election process by restraining election officers from performing their functions nationwide. This came in response to an appeal filed by the ECP against the LHC order, which halted the training of district returning officers (DROs) and returning officers (ROs).