SC not authorized to give poll date: ECP.

ISLAMABAD: The Election Commission of Pakistan (ECP) on Wednesday moved the Supreme Court to review its directives to hold elections for the Punjab Assembly on May 14, urging it not to intervene in its matters, a private TV channel reported. In a 14-page petition, the electoral body said that apex court should review its decision as the judiciary "doesn't have the authority to give the date of elections."

It is most respectfully prayed that this August Court may graciously accept the instant Review Petition by revisiting, reviewing, reconsidering and recalling its Impunged Order/Judgment dated 04.04.2023, in the interest of justice and equity," the petition read. The petition highlighted that superior courts of the country have been granted a special power under Article 199 and Article 184(3) of the Constitution to judicially review actions/decisions of the public bodies. "The superior courts can define the contours within which the power (which vests in the public bodies) is or is to be exercised. At no instance, can the superior courts take upon themselves the role of the public body," the petition read.The ECP reiterated that the appointing of the date for the election is "not the mandate of superior courts under the Constitution." "Such powers exist elsewhere under the Constitution but certainly not lie in a Court of law," the ECP said, citing various legalities and reasons behind its statement.

The ECP accused the Supreme Court of disregarding its constitutional jurisdiction, emphasising that it assumed upon itself the role of a public body in giving a date; "thus intervention by the Court is necessitated to correct an error which has effectively changed the settled constitutional jurisprudence of the country." The ECP, in its petition, claimed that the august court has overlooked material questions of the Constitution and law, which have material bearing on the decision. "The errors of law are floating on the face of the record and are manifest and clear that these may not be allowed to remain as such," the ECP wrote. It added: "The petition craves the kind indulgence of this august court to allow the petitioner to raise and agitate further grounds once the detailed reasoning for the order under review is released." The petition also highlighted the "trichotomy of power", saying that the division of power between different organs of the state was the "hallmark of the Constitution" and "essential sine qua non" for the smooth and...