Defiant ECP's blatant bias.

The Election Commission of Pakistan (ECP) has no authority or jurisdiction to postpone general elections to the Punjab Assembly till October 8 especially when the Supreme Court and Lahore High Court have taken a unanimous stance that ECP has no authority to make such a decision as the election watchdog announced on March 22. After the announcement of the election schedule, it cannot be changed given Section 58 read with Section 8(c) of the Election Act, 2017 unilaterally even if ECP has jurisdiction and authority to withdraw it. To hold the election, provisions of Article 254 of the Constitution of the Islamic Republic of Pakistan, 1973 (Constitution) given the time-bound exercise cannot be taken care of, specifically, when it is not meant for this provision.

Also, the question in front of the apex court was simple: Can the election date be extended or not? It was remarked by CJP Bandial last Tuesday hearing PTI's petition challenging the ECP's decision it announced citing the deteriorating security state of affairs in the country and the non-availability of finances and security personnel. The same day, Supreme Court's Lahore Registry heard an Instant Petition filed by Muhammad and Ahmad Law Firm raising questions about 'the authority, jurisdiction and power of the ECP to announce the poll date. After the decision of the Supreme Court of Pakistan, dated 01.03.2023, ECP cannot take refuge in the binding directions contained therein.

Article 204(2) of the Constitution provides for contempt of court when any person obstructs the process of the court in any way or disobeys any order of the court. Contempt of court is cognizable under Section 4 and punishable in terms of Section 5 of the Contempt of Ordinance, 2003. Article 9 of the Constitution provides that all executive and judicial authorities throughout Pakistan shall act in aid of the Supreme Court of Pakistan. Thus, a contempt petition has been filed in the apex court seeking initiation of contempt proceedings against Prime Minister Shahbaz Sharif, Chief Election Commissioner Sikandar Sultan Raja, ECP members, Punjab caretaker Chief Minister Mohsin Naqvi and others for their wilful and intentional acts to violate the apex court's orders as such acts are punishable under the Contempt of Court Ordinance, 2003 read with Article 204 of the Constitution.

Legally, ECP cannot exercise the power of a court or a tribunal when from the scheme of law it is an administrative body. Under Article 105...