September, 23, 2023
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National Election Commission has filed a review petition

National Election Commission has filed a review petition

The Election Commission holds the exclusive authority to conduct elections, and the Supreme Court is not permitted to intervene in this process. The upcoming election in Punjab may also prompt scrutiny regarding the transparency of the National Assembly elections.

As a constitutional entity, the National Election Commission is deserving of reverence. The Judiciary is not authorized by the Constitution to wield executive authority

The Election Commission of Pakistan has filed a review petition in the Supreme Court against the decision to hold elections in Punjab on May 14. The petition argues that it is not within the jurisdiction of the Supreme Court to set the date for elections. According to the Constitution, the power to conduct elections lies solely with the Election Commission under Article 218, which also protects the Commission from parliamentary interference. The Judiciary, on the other hand, is empowered to review the actions of the Executive but is prohibited from exercising the powers of the Executive.

The review application argues that the Supreme Court exceeded its jurisdiction by setting the date for elections in Punjab, which falls under the purview of the Election Commission. It is also argued that the decision to hold elections under an elected government instead of a caretaker government will compromise the fairness of the election. This is because an elected government has the authority to announce jobs and development projects, which can influence voters during the National Assembly elections.

The petition requests that the Supreme Court review its decision and withdraw the order to hold elections on May 14. It is argued that free and fair elections cannot be conducted in the current political climate, and the transparency of the National Assembly elections will be questioned if elections are held in Punjab. The Election Commission is also facing a lack of funds and security personnel, which further compromises the integrity of the elections.

The review petition highlights the need to read all the provisions of the Constitution together to ensure effective implementation. The Constitution empowers the Election Commission to conduct free and fair elections, and it is crucial to respect the authority of this constitutional institution. Even if the decision of the Election Commission is deemed inappropriate, the Supreme Court should ask the Commission to reconsider, rather than exceed its jurisdiction.

The Election Commission has also requested a restraining order on the decision to hold elections on May 14 until the final decision on the review petition. It has further requested the Registrar Supreme to decide on the petition this week. However, there was an initial objection raised by the Registrar Supreme Court regarding the inclusion of all parties on the application, which was subsequently addressed.

In conclusion, the review petition filed by the Election Commission highlights the need to uphold the constitutional provisions related to conducting free and fair elections. The petition argues that the Supreme Court exceeded its jurisdiction by setting the date for elections in Punjab, and it is crucial to respect the authority of the Election Commission in this matter. The transparency of the National Assembly elections will be compromised if elections are held under an elected government, and the lack of funds and security personnel further exacerbates this issue. A restraining order on the decision to hold elections on May 14 until the final decision on the review petition is also requested.

 

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