Supreme Court Bar Association of Pakistan, through its Secretary, Islamabad and others vs The Federation of Pakistan and others
This matter arises from a constitutional petition concerning the fixation of a date for general elections in Pakistan. The core legal question addressed by the Court was the determination and finalization of a timeline for holding general elections following the completion of the delimitation process by the Election Commission of Pakistan. The Court held that upon the conclusion of the delimitation process and subsequent announcement of the election programme in accordance with the law, the Election Commission must meet with the President of Pakistan to appoint the specific date for the general elections. The key principle laid down is that the electoral timeline must be adhered to in consultation with the relevant constitutional authorities to ensure general elections are held expeditiously while allowing adequate time for political parties to conduct their campaigns.
- What is the statutory timeframe governing the announcement of the election programme under the Elections Act, 2017?
- Who is responsible for appointing the date for holding general elections after the completion of the delimitation process?
- When must the Election Commission meet with the President of Pakistan to settle the date for general elections?
- Section 57(2), Elections Act 2017
ORDER
Qazi Faez Isa, CJ. Our order dated 23 October 2023 concluded as follows, 'to ascertain when general elections are to be held, issue notice to the Election Commission of Pakistan. Notice be also issued to the Federation of Pakistan'.
2. Today, the Election Commission of Pakistan's ('ECP') counsel states that the process of delimitation is underway, which will conclude on 30 November 2023, and publication of the final result of the delimitation will be by 5 December 2023. Thereafter, the election programme is to be announced in terms of section 57(2) of the Elections Act, 2017, which provides certain timeframes and will conclude on 29 January 2024.
3. ECP's counsel further states that to maximize public participation elections should ideally be held on a Sunday, and the first Sunday after the above timeframe would be 4 February 2024. However, to enable political parties to convey their respective programmes and manifestoes it would be appropriate to hold elections on Sunday, 11 February, 2024.
4. Let the ECP meet with the President of Pakistan today and the date for holding general elections in Pakistan be appointed. In this regard, the Attorney-General for Pakistan will arrange such meeting and shall provide to the President this Court's order of 23 October 2023 and today's order, and be available to render assistance.
5. We expect that the matter of appointing a date for holding general elections shall be settled, and this Court will be informed tomorrow, that is, 3 November 2023.