‘Unconstitutional and contemptuous’: Legal experts vehemently disagree with ECP’s delaying of Punjab polls

In a surprising development, the Election Commission of Pakistan (ECP) on Wednesday put off Punjab Assembly elections by more than five months to Oct 8, citing the “deteriorating security situation” in the country.

The commission said that after considering the reports, briefing and material brought before it, it concluded that it is impossible to hold and organise the elections — originally scheduled for April 30 — “honestly, justly, fairly, in a peaceful manner and in accordance with the Constitution and law”.

The electoral watchdog’s postponement of the polls came despite the Supreme Court, in its March 1 verdict, having clearly ruled that the elections to the Punjab and Khyber Pakhtunkhwa assemblies should be held within the stipulated period of 90 days, although it had allowed the “barest minimum” deviation, in case of any practical difficulty.

As expected, the legal fraternity was critical of the ECP’s decision and deemed it contemptuous.

Barrister Asad Rahim Khan called it “violative of the Constitution, a mockery of the law, and contemptuous of the Supreme Court.”

“It’s also destructive for democracy. This goes beyond voting preferences now: the principle — of the freedom to elect one’s representatives — is at stake,” he tweeted.

Lawyer Reema said that the “ECP interpretation of SC’s ‘barest minimum’ deviation as permission to postpone Punjab Assembly elections by 5-6 months, and its cynical use of Article 254 to justify defiance of a clear constitutional stipulation are both legally flawed and disingenuous.”

Senior Supreme Court advocate Salman Raja was “disgusted” with the ECP’s decision and called it “another dark” moment in our sad history.

Barrister Muhammad Ahmad Pansota deemed the decision “illegal and unconstitutional, adding that it “merits suo moto action”.

He recalled Chief Justice Umar Ata Bandial’s remarks from a day ago wherein he warned that the top court would intervene in case of any ill-will in holding “transparent elections”.

Zahid F. Ebrahim, another Supreme Court advocate, found “merit in the argument” to hold national and provincial assemblies’ elections on the same date, but still said that “the ECP decision and justification to postpone elections for the Punjab Assembly is unconvincing.”

In addition to legal experts, members of the civil society were also critical of the ECP’s decision.

Senior journalist Mazhar Abbas doubted that the ECP’s decision would last, calling the move “unconstitutional”.

Mosharraf Zaidi, CEO of advisory services firm Tabadlab, called it a “deliberate and malafide violation of the Constitution”.

“A timely, free and fair election remains the only legal way forward,” he said. “Those behind this manoeuvre will not hesitate to postpone the general election either. This is a formula for further disarray.”

Former diplomat Maleeha Lodhi said that if the ECP’s logic and justification were to be followed, then “democracy and elections can be suspended indefinitely due to the ‘deteriorating security’ situation as determined by executive authorities”.

“All eyes on the Supreme Court now,” she added.

Author and journalist Zahid Hussain also called the ECP’s decision “a violation of the constitution and the order of the Supreme Court”.

“It’s [the] beginning of new despotism,” he added.