The attempt to organize immediate elections by the former prime minister Imran Khan has led to a constitutional dilemma. According to Bloomberg, the administration is disobeying a Supreme Court decision to hold two province elections, raising questions about the democracy’s viability.
The Punjab and Khyber Pakhtunkhwa (KP) election dates were set by Chief Justice Umar Ata Bandial in response to Khan and his supporters’ dissolution of the assemblies and drive for an early national election, which is what has sparked the dispute.
The current administration responded by passing a measure to restrict the chief justice’s ability to issue a suo motu notice, which enables the judge to act in the public’s best interest. A week before it was scheduled to become law, an eight-member high court panel intervened, causing the bill to be put on hold. A formal hearing to decide the legality of the measure is planned for May 2 as a result of this setting the stage for a clash between CJP Bandial and the government.
The country’s highest judge has ordered the central bank to send money to the Election Commission of Pakistan (ECP) to hold the elections after the government refused to do so, adding another twist to the scenario. Government representatives have openly stated their disagreement with the court’s decision and indicated that elections would be held across the country in October. Bloomberg reports that Khan or his allies may file a lawsuit against the government soon.
Naeem Ahmed, a professor of international relations at the University of Karachi, warned that if the government disobeyed the court’s directives, it may be held in contempt of court. The constitutional problem may be becoming worse for the nation.
What brought Pakistan to this situation?
Since Imran Khan was ousted as prime minister a year ago by a coalition of 13 political parties led by Prime Minister Shehbaz Sharif, the country has been dealing with a number of problems. The coalition claimed that Khan’s dismissal was due to his poor management of domestic and international affairs.
In order to avoid a default, the incumbent premier has emphasised the resurrection of a rescue package from the International Monetary Fund instead of calling for early elections. A recent survey shows that he and the leaders of his party are losing support as they push for difficult reforms to obtain the funding, thus his efforts have not been warmly welcomed.
Khan, though, continues to be well-liked and draws sizable audiences to his rallies. While facing court hearings on allegations of terrorism and corruption, which he alleges are politically driven, the former cricketer seeks early elections to show his support base. Even though he sustained a leg injury in the purported assassination attempt, Khan managed to live.
What is the election controversy?
The Pakistan Tehreek-e-Insaf (PTI) and its allies used their combined majority in Punjab and KP to dissolve the legislatures in January in an effort to call elections. Elections must be conducted in accordance with the Constitution 90 days after dissolution. To hear the matter, Chief Justice Bandial assembled a bench of justices after the administration appeared to stall the proceedings.
With three votes in favour and two votes against, the five-member justice panel ordered President Arif Alvi, a member of Khan’s party, to declare the April 9 election date for both provinces. The administration asserted that the economic crisis left inadequate resources for elections and that it was crucial to concentrate on getting the IMF loan. As a result, the electoral body changed the election date to October 8 and gave as reasons a shortage of funding and an increase in terrorism.
What is the position of the Supreme Court in this case?
The Supreme Court was split on the issue after Khan’s appeal of the delay of the election, thus a nine-member bench was assembled to hear the case. Four justices dismissed the case, while two recused themselves. In the meanwhile, CJP Bandial and two other justices decided that the elections in Punjab should be held on May 14. However, the administration insisted that the appeal be heard by a bigger court, which the chief justice declined to do.
The electoral authority requested Rs21 billion from the Shehbaz administration by April 10 in order to organise the elections. The administration, however, disregarded the decision and brought the subject to parliament on the grounds that it represented a minority viewpoint. At a provincial court, a different appeal concerning the elections in KP is being heard.
What will the government do next?
The governing coalition in parliament will determine how the future elections turn out. A non-binding vote banning funding for the election commission and holding municipal elections in May was just passed by government MPs.
According to the Supreme Court’s directive, the PDM-led government has also submitted a money bill in parliament to pay the elections. The parliament’s standing committees, however, rejected the bill.
The notion of implementing emergency legislation to postpone the elections has been raised by government representatives, notably Interior Minister Rana Sanaullah, in response to worries of an upsurge in terrorism or an economic disaster. Before, when Benazir Bhutto, the country’s then-prime minister, was killed, the national election was postponed in 2007.
What choices does Imran Khan have?
Khan and his party are putting pressure on the electoral commission to abide by the court ruling, and they may file a lawsuit against the government for doing so. Violence may result from Khan’s planned continued protests and rallies, especially once the fasting period ends later this month.
Khan appears to be trying to mend fences with the establishment since national elections are anticipated for October. He also wants to repair his relationship with the US, which he had a falling out with after accusing them of working together to depose him, an accusation they vigorously refute.