LAHORE: The Election Commission of Pakistan (ECP) on Friday filed an intra court appeal (ICA) in the Lahore High Court challenging the decision of a single bench wherein it had been ordered to immediately announce a date for the general election in Punjab.

A two-judge bench already issued notices on a similar appeal filed by Punjab Governor Balighur Rehman against the single bench’s order.

The ECP’s appeal filed through Advocate Shahzada Mazhar contends that the single bench had failed to consider that constitutional provisions and the Elections Act 2017 do not in any manner place any responsibility on the appellant (ECP) for the pronouncement of the date of the election.

It says the interpretation of the single judge while applying the doctrine of penumbra to read the constitutional provisions is violative of the clear provisions of the Constitution.

The appeal argues that the doctrine of penumbra, if it has to be applied, should have been applied in order to empower the governor or the president with the responsibility to announce the election date in case an assembly is not dissolved by the governor but by the virtue of law.

It pleads that the single bench wrongly concluded that the governor is not empowered to announce a date for the election when he (governor) does not dissolve the assembly.

The ECP says the petitioners including the Pakistan Tehreek-i-Insaf had not sought a direction against the appellant but against the governor.

It submits that the single judge failed to consider a fact that the ECP is ready to conduct the elections whereas it faces severe impediments towards the conduct of the elections including non-provision of requisite funds, security force and judicial officers and executive machinery.

The ECP asks the court to set aside the impugned judgment of the single bench as the law does not empower it to announce a date for the election.

Justice Jawad Hassan of the LHC had on Feb 10 ordered the ECP to immediately announce the date of elections to the Punjab Assembly after consultation with the governor, in his capacity as the constitutional head of the province, to ensure that polls were held not later than 90 days as per the mandate of the Constitution.

The judge had allowed petitions of PTI and Munir Ahmad seeking directions for the governor and the ECP to immediately announce a date for general elections in the province, since the assembly had been dissolved.

The judge ruled that article 219(d) of the Constitution provides that the ‘ECP’ is charged with the duty of the holding of general elections to the National Assembly, provincial assemblies and the local governments.

Published in Dawn, February 18th, 2023