SC declares ECP decision null and void in elections delay case

ISLAMABAD (Online): The Supreme Court (SC) has declared Election Commission (EC) decision in polls delay case null and void and ordered to hold election in Punjab on May 14.
SC has maintained in its decision that constitution does not allow EC to go beyond 90 days. EC issued illegal order on March 22.
The court restored the EC schedule for holding election in Punjab on April 30 with an amendment.
The SC while ordering the government to provide funds till April 10, has remarked care taker government of Punjab, chief secretary should present complete security plan of election till April 10.
The court has ordered federal government to release funds of Rs 21 billion.
If federal and care taker government donot assist the EC then EC should inform SC.
SC gave election schedule in its decision according to which the nomination papers will be filed till April 10. The last date for filing appeal will be April 17. The review of appeals will take place till April 18. the final list of candidates will be issued on April 19. Election symbol will be allotted to the candidates on April 20.
It has been said in court order that EC should file report about collection of funds on April 11 in the court. The EC report will be given in the chamber of the members of bench. if funds are not released then the court will issue proper order in the light of report. Punjab government will extend full cooperation in discharging constitutional obligations. In the first phase funds be provided for polls in Punjab.
The order said care taker government ,IG Chief secretary Punjab should ensure provision of security. Federal government should provide every possible facility for holding election. Steps be taken for additional security in Punjab. Holding election in fair and transparent manner be ensured.
The SC has made it clear in its short order the order has been implemented on March 01 with 3-2. And this order is correct. In this decision the dissenting note from two judges will not affect being minority notes.
Directives have been issued to petitioners to resort to the respective forum for general election in KP.
The detailed decision will be announced later.
The defence ministry filed sealed report in the court in connection with delay in election.
The attorney general and ministry of defense authorities presented a sealed report in SC on availability of security personnel to Chief Justice of Pakistan.
The Chief Justice of Pakistan (CJP) Umar Ata Bandial, Justice Munib Akhtar and Justice Ijaz ul Ahsan reviewed the report.
The court ordered the ECP to submit the report regarding the provision of funds to the court on April 11. The report will be submitted to the chamber of bench members. In case of non-provision of funds, the court will issue an appropriate order in light of that report.
The court ordered the Punjab government to fully cooperate with the ECP so that it can fulfil its constitutional responsibilities.
According to the verdict, in the first stage, funds for the Punjab election should be collected. A fair and transparent election must be ensured, the order said.
In its verdict, the SC said that other matters were also raised during the court proceedings. Two judges recused themselves from hearing the case. Justice Qazi Faez Isa’s decision does not affect our bench, the order said.
The CJP also announced that the court will continue to hear the matter pertaining to the holding of elections for the Khyber Pakhtunkhwa Assembly. He said that the detailed order of the court will be released later.
Earlier, the defence ministry submitted its sealed report to the Supreme Court. Chief Justice of Pakistan Justice Umar Ata Bandial, Justice Munib Akhtar and Justice Ijaz-ul-Ahsan analyzed the report at their chamber.
A three-member bench of the SC headed by CJP Bandial and comprising Justice Munib Akhtar and Justice Ijaz-ul-Ahsan reserved its verdict on the PTI petition challenging the ECP decision to defer polls in Punjab and KP yesterday after holding proceeding of the case for nearly six hours. As many as six hearings were conducted on the case.
The court had sought a report on security from the defence secretary and a report from the finance secretary regarding provision of funds before the announcement of verdict on Tuesday.
On Monday, the defence secretary requested the court for an in-camera briefing but the court asked him to furnish what he wanted to say in a sealed envelope which would be returned to him in the same manner.