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The court further directed the caretaker government in Punjab to assist the commission and instructed the ECP to inform the court if the government refused to do so. Image Credit: Supreme Court of Pakistan

ISLAMABAD: Pakistan’s Supreme Court said on Tuesday the election commission’s decision to delay polls in two provinces was “illegal” and ordered that the elections in Punjab be held on May 14, reports said.

The Election Commission of Pakistan (ECP) had delayed polls in Punjab and Khyber Pakhtunkhwa provinces to October 8, citing a lack of resources. The elections were originally due to be held by April 30.

The Pakistan Election Commission cited a lack of resources and the government agreed saying it was not possible to organise the provincial elections while the country was struggling with an economic crisis and with a general election due around early October anyway.

But the Supreme Court ruled that the delay was unconstitutional.

In January, Khan dissolved the provincial assemblies in northwestern Khyber Pakhtunkhwa and eastern Punjab where his Pakistan Tehreek-e-Insaf (PTI) party held majorities - a move designed to pile more pressure on Prime Minister Shehbaz Sharif.

Under Pakistan’s constitution, elections should have been scheduled within 90 days – a deadline just days away.

However the Election Commission of Pakistan (ECP) pushed back polling day to October, when a general election is also due, blaming a lack of funds and security threats.

Pakistan’s Supreme Court — which took up the case on its own initiative — on Tuesday declared the delay “unconstitutional, without lawful authority or jurisdiction”.

“Neither the constitution nor the law empowers the commission to extend the date of elections beyond the 90 days,” read the decision seen by AFP.

The court ordered the government to unlock funds for an election in Punjab - Pakistan’s most populous province - to be held by May 14.

A separate application should be made to determine the date of Khyber Pakhtukhwa’s polls, the panel of three Supreme Court judges said.

Cabinet rejects verdict

The Pakistan Federal Cabinet on Tuesday rejected the verdict, Geo News reported.

“The Supreme Court’s decision is a minority verdict, which is why the cabinet rejects it,” Geo News quoted sources in the cabinet.

The top court’s decision, as per the sources, is not enforceable, Geo News reported.

The government would raise its voice in parliament regarding the verdict, the sources added. It was also decided in the meeting that the ruling coalition’s parties will talk about the apex court’s decision in parliament, they added, Geo News reported.

Key takeaways
Election commission’s order of March 22 declared unconstitutional
Supreme Court directs election commision to hold elections in Punjab on May 14
Government directed to provide Rs21bn in funds to the commission by April 10
Commission told to submit a report to the court on the fund’s issue by April 11
Government ordered to share the security plan with the election comission by April 17
Apex court to continue hearing case regarding elections in Khyber Pakhtukhwa

In the meeting, the cabinet decided to present its position on the verdict.

On the SC verdict, Pakistan Muslim League Nawaz (PML-N) Senior Vice-President and Chief Organiser Maryam Nawaz took to Twitter and wrote that today’s verdict is the last blow of the conspiracy which began by “rewriting the Constitution and presenting the Punjab government on a plate” to the bench’s blue-eyed boy, Imran Khan.

Senior PTI leader Fawad Chaudhry said the decision was a “huge victory” for Imran Khan, who was shot last year in an assassination attempt he blamed on Sharif.

Last month, the face-off between Khan and the government reached boiling point when police attempted to arrest him over a corruption case, leading to 48 hours of clashes with supporters in Lahore.

“I can only express sorrows and regret over the decision,” law minister Azam Nazeer Tarar told reporters in Islamabad.

“Due to this, the ongoing political and constitutional crisis in the country will deepen,” he said.

As the political drama unfolds, Pakistan is facing a worsening security situation with increasing attacks linked to the domestic chapter of the Taliban.

The economy is also in a nosedive, with inflation at a 50-year high as the nation battles to unlock a desperately needed International Monetary Fund bailout.

On Friday, 12 people died in the southern city of Karachi in a stampede as they gathered to receive charity donations.