2023 Pakistan election delay case explained

2023 Pakistan Election Delay Case
Court:	Supreme Court of Pakistan
Judges:	Chief Justice of Pakistan Umar Ata Bandial, Justice Ijaz Ul Ahsan, Justice Munib Akhtar, Justice Amin-Ud-Din Khan, Justice Jamal Khan Mandokhail
Number Of Judges:	5
Prior Actions:	Election Commission of Pakistan deferred the Punjab and Khyber Pakhtunkhwa elections from 30 April to 8 October 2023
Subsequent Actions:	Ongoing case
Italic Title:	no

The 2023 Pakistan election delay case pertains to a legal dispute between the Pakistan Tehreek-e-Insaf (PTI) and the Election Commission of Pakistan (ECP) over the postponement of the Punjab and Khyber Pakhtunkhwa elections from April 30 to October 8, 2023. A five-member larger bench, led by Chief Justice of Pakistan (CJP) Umar Ata Bandial and comprising Justice Ijaz Ul Ahsan, Justice Munib Akhtar, Justice Amin-Ud-Din Khan, and Justice Jamal Khan Mandokhail, is currently hearing the case.^{[1] [2] [3]}

Background

See main article: 2023 Khyber Pakhtunkhwa provincial election and 2023 Punjab provincial election. Following the ECP's decision to defer the elections due to financial and security concerns, the PTI approached the Supreme Court for a resolution. While the apex court was set to resume the hearing on 30 March 2023, Justice Aminuddin Khan recused himself after a Supreme Court order halted proceedings under Article 184(3).^[4]

The case

The case's complexities stem from a 4-3 or 3-2 majority ruling on the Supreme Court's March 1 verdict, along with the government's need to maintain a peaceful political environment. Chief Justice of Pakistan Umar Ata Bandial has called on all political parties to guarantee cooperation for a fair electoral process.^[5]

The apex court has demanded that the ECP clarify the legal and factual questions posed by the PTI petition and ensure transparent elections. Moreover, the ECP's authority to nullify the election date set by the president has come under scrutiny, with Justice Munib Akhtar alleging that the ECP's decisions have impeded the Supreme Court's directives.^[6]

As the case continues, any further developments will decide the future of the 2023 Pakistan elections.^{[7] [8]}

Notes and References

1. News: Pakistan delays Punjab election despite supreme court ruling . The Guardian . 23 March 2023 . Baloch . Shah Meer .
2. Web site: Poll delay: Justice Aminuddin Khan recuses himself from bench . 30 March 2023 .
3. Web site: Elections delay case: SC seeks assurances from government, PTI . 27 March 2023 .
4. Web site: Election delay case: Justice Aminuddin recuses himself after order on 184(3) proceedings .
5. Web site: Punjab, KP polls: How president gave date without order, asks SC judge .
6. Web site: Punjab, KP polls: How president gave date without order, asks SC judge .
7. Web site: Election delay case eclipsed by two judges' surprise order . 27 March 2023 .
8. Web site: Poll delay: Justice Aminuddin Khan recuses himself from bench . 30 March 2023 .