ISLAMABAD: The Supreme Court of Pakistan on Wednesday disposed of the petition filed by the Defence Ministry to hold elections across Pakistan simultaneously. A three-member bench of SC comprising Chief Justice of Pakistan Umar Ata Bandial, Justice Ijaz Ul Ahsan and Justice Munib Akhtar heard the case. The top court in its written order said that there were a number of matters before the court in the shape of various CMAs. ” The court first takes up CMA Nos. 2770-2772/2023 since they relate to the compliance required by the order dated 14.04.2023, for the release of 21 billion rupees to the Election Commission of Pakistan (ECP) for the holding of general elections to the Khyber Pakhtunkhwa and Punjab assemblies.
Earlier, Chief Justice of Pakistan Umar Ata Bandial has said that the government’s move to reject its own demand through the lower house of the parliament for the provision of fund as a supplementary grant to the ECP for elections in Khyber Pakhtunkhwa and Punjab could yield “unusual outcomes”, local media reported on Wednesday.
A three-member bench of the SC, headed by the Chief Justice heard a petition filed by the Ministry of Defense seeking polls for assemblies on the same day.
The CJP remarked that the rejection of the grant was against the existence of the house, saying: “I hope the incumbent government will review its decision”. The apex court judge remarked that this development could cause unusual consequences, but the Supreme Court did not want to jump to outcomes.
Supreme Court Warns Government
During the hearing, the CJP remarked that the matter linked to the elections continued to linger on and questioned, “If the current government has given its executive role to the parliament or not”. The Chief Justice later issued directives to Attorney General Mansoor Usman Awan to read the report submitted by the Finance Ministry on funds for the polls.
The apex court was informed that approval would be sought from the government for the grant, but it was sent to the parliament.
The AGP added the standing committee on finance had also issued directives to the government in this connection. To which, Justice Akhtar remarked that the government held the majority in the committee and how it could stop the release of funds. He said that the prime minister should also hold majority in the lower house, saying that it was also essential for the government in financial affairs. He asked, “When the Constitution of the country authorizes the government to release grants then how can the National Assembly pass the resolution,”.
Justice Akhtar added that the finance ministry repeatedly informed the government regarding the rules for the approval of the supplementary fund as it had also cited the Article 84 of the country’s Constitution.
After today’s hearing, the apex court declared the Ministry of Defence’s plea, seeking simultaneous polls in the country, inadmissible and again issued order the federal government to release 21 billion rupees in supplementary fund to the Election Commission of Pakistan for elections by April 27. A three-member bench of the SC also issued a seven-page verdict over the matter.
c.m.a._2769_2023Background
At one point, the CJP said the Election Commission of Pakistan had also expressed its inability to hold polls before October in the current year, saying that the electoral body had also pitched the idea of conducting elections across Pakistan simultaneously.
In the plea, the defence ministry has pleaded with the apex court to recall its April 4 order that had fixed May 14 as the date for polls in Punjab.
In the April 4 order, the Supreme Court ruled that the Election Commission of Pakistan’s (ECP) decision to postpone elections of the Punjab Assembly till October 8 was “unconstitutional” and fixed May 14 as the date for elections in the province.
