The decisions of the top electoral authority have become "an obstruction in the orders of the SC," Justice Munib Akhtar said as the SC took up PTI's plea challenging the ECP order to postpone the polls till Oct 8.
The case was heard by a larger bench — led by CJP Umar Ata Bandial and comprising Justice Ijazul Ahsan, Justice Akhtar, Justice Aminuddin Khan, and Justice Jamal Khan Mandokhail.
During the hearing, CJP Bandial said the polls should be held in a 'peaceful, transparent, and fair way', and sought assurance from political parties on remaining peaceful during the electoral activity.
Subsequently, the SC issued notices to ECP, federal government, and governor KP and adjourned the hearing till tomorrow (Tuesday).
On March 22, ECP announced to postpone Punjab elections scheduled for April 30, and said the polls will now be held in the province on October 8.
“In exercise of the powers conferred upon it under Article 218(3) read with Section 58 and Section 8 (c) of the elections act, 2017 and all other powers enabling it in that behalf, the Commission hereby withdraws the election program,” read the ECP order.
It added that a “fresh schedule will be issued in due course of time with [the] poll date on October 8.”
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On March 3, President Arif Alvi approved April 30 as the date for holding elections in Punjab, after reviewing the dates provided for the polls.
The top electoral authority had earlier advised the polling to be held between April 30 and May 7.
On March 1, the Supreme Court of Pakistan ordered that elections in Punjab and Khyber Pakhtunkhwa must take place within the next 90 days.
Justice Mansoor Ali Shah and Justice Jamal Khan Mandokhail dissented from the majority’s decision, leaving the judgment split 3-2. The decision was endorsed by Chief Justice of Pakistan Umar Ata Bandial, Justice Munib Akhtar, and Justice Muhammad Ali Mazhar.
A day prior to the verdict, CJP Bandial vowed to protect the Constitution, not a particular political party. He remarked, “We cannot abandon the Constitution, and we cannot override the Constitution.”