LAHORE: The Lahore High Court on Thursday issued notices to the principal secretary to the president, the federal government and the Election Commission of Pakistan (ECP) on a petition challenging the proposed delay in the next general elections for fresh delimitation.

Justice Abid Aziz Sheikh heard the petition filed by Muqsit Saleem, a lawyer by profession, and also sought assistance from the attorney general for Pakistan on the next hearing.

Earlier, the petitioner-lawyer contended that the ECP issued the impugned notification on Aug 17 conferring extensive powers of conducting fresh delimitation process which would delay the upcoming general elections beyond the statutory period of 90 days.

He said the results of the census had been published in 2022 and the process for the delimitation was being started with a delay of one year.

The lawyer argued that the Constitution mandated the ECP to hold fair and free elections within 90 days after the dissolution of the assemblies. He said the president was authorised to fix a date for the general election under the Constitution.

He pointed out that the 90 days period was due to lapse in November 2023 but the ECP by overstepping its authority issued the impugned notification and came up with a so-called justification to delay the polls.

He asked the court to set aside the impugned notification and direct the president to issue a date of the election within 90 days. He also urged the court to immediately restrain the authorities concerned from following the ‘unconstitutional’ directives by the ECP.

An additional attorney general argued before the court that there were different timelines for the fresh delimitation, which required at least four months for completing the process.

He said the matter was very sensitive.

“That’s why everyone is sensitive about it,” Justice Sheikh observed.

The judge questioned the delayed approval for notifying the results of the census.

The judge observed that the national and provincial assemblies were not dissolved out of the blue as everyone was aware of it. He said the ECP should have kept its preparations fully completed in any case.

Justice Sheikh observed that the ECP should put extra effort so that the fresh delimitation could be done at the earliest.

The judge sought replies from the respondents by Sept 6. and nature.”

Published in Dawn, August 25th, 2023