In a significant legal development, the Lahore High Court (LHC) has demanded a response from the federal government by October 19 regarding a plea challenging the Election Commission of Pakistan’s (ECP) notification for the delimitation of constituencies. This move is aimed at ensuring that elections are conducted within the constitutionally mandated 90-day period, as per the Elections Act.
The petitioner, Muhammad Muqsit Saleem, has argued that the ongoing delimitation process, if not expedited, would lead to a delay in holding elections, exceeding the statutory 90-day timeframe specified by the Constitution and the Elections Act.
During the recent court hearing, presided over by Justice Abid Aziz Sheikh, the Election Commission of Pakistan (ECP) advocated for the dismissal of the plea, asserting that the petitioner lacks standing as a concerned party. Simultaneously, Justice Sheikh has summoned the Attorney General of Pakistan to provide assistance to the court in this matter.
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Muhammad Muqsit Saleem’s petition implores the court to declare the ECP’s notification, issued on August 17, as unconstitutional. Additionally, he requests that the relevant authorities refrain from implementing the unconstitutional directives of the notification and take lawful measures to ensure that elections are conducted within the constitutionally mandated 90-day period, a guarantee provided by the Constitution. He also seeks the suspension of the notification’s execution pending a final decision.
The petitioner contends that the notification, which grants extensive powers for delimitation, has the potential to prolong the election process beyond the 90-day limit established by Article 224 of the Constitution and Section 17(2) of the Elections Act. He points out that the boundaries of constituencies were already published by the commission on August 5 of the previous year.
The role of the caretaker government is to oversee the administration of the country in the lead-up to general elections, ensuring they are conducted freely, fairly, and transparently, while also maintaining law and order throughout the electoral process.
However, if elections are not held within the constitutionally specified timeframe, the mandate of the caretaker government should ordinarily conclude. Given the current political climate, resolving any legal or constitutional issues without thorough scrutiny presents challenges, as argued by the petitioner.
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It is important to note that the Constitution provides for both 90-day and 60-day election periods. Article 224(1) stipulates that a general election to the National Assembly or a Provincial Assembly must occur within sixty days of the assembly’s term expiration. Article 224(2) dictates that when the National Assembly or a provincial assembly is dissolved, a general election must be held within 90 days of the dissolution, with results declared no later than 14 days after the polls close.
