Hafiz Ahsaan Ahmad khokhar Advocate Supreme Court and renowned Constitutional expert while commenting the present situation stated that in the presence of clear provisions of Article 112 read with 224 (2) of the Constitution and as well in view of judgment of Supreme Court issued in Suo Moto no 1 of 2023 regarding announcement of shedule for holding election in Punjab, therefore such postponement and rescheduling of election election in Punjab from 30th April to 8th October 2023 could legally be considered to be constitutional over-reach by Election Commission and totally against the spirit and beyond mandate.
The Constitutional expert further said that the rescheduling of the election schedule in Punjab is beyond the mandate of the Election Commission of Pakistan both in view of the Constitutional provisions mentioned above and of the Election Act 2017. He further went on and if there was any need to change or resheduling the election under any circumstances, it could only be amended or changed or extended by Election Commission with the prior concurrence of the President of Pakistan and not otherwise as clearly mentioned in language of section 58 of Election Act 2017.
The legal expert further commented that there would be strong legal chances that if this order of rescheduling of election in Punjab by Election Conmission is challenged and being brought to the notice to the Supreme Court of Pakistan being the continuation of earlier proceedings as the matter earlier had been decided be Supreme Court in Suo moto proceedings , then there would be strong legal chances that the same order extending the election schedule at their own would be struk down by Supreme Court being violation of the Constitutional provisions and beyond the mandate of Election Commission.
The legal expert also said that the country can only move on in all perspectives including in areas of political and economic stability if all state institutions would act in accordance with their legal mandate and perform their functions as per spirit of the Constitution.
