News
December 22, 2023
Poll Delay Antithetical to the Principles of Democracy, SC Declares
Islamabad: The Supreme Court has emphasized that postponing general elections to address constituency delimitation issues could lead to a vacuum in governance, and a potential crisis of legitimacy.
“Such a situation would be antithetical to the principles of democracy and the larger good of the populace. Therefore, the principle of proportionality and the concept of the larger good demand that general elections be given primacy,” Justice Syed Mansoor Ali Shah observed on Wednesday in a judgement he authored, to explain why the apex court on Dec 18 preferred not to get involved in disputes relating to delimitation of constituencies in Balochistan.
“When the election program is announced, it is important for any litigation or legal challenges related to elections to be resolved promptly,” he said, adding that issues concerning the delimitation of constituencies, though important, should be addressed subsequent to the elections.
“This approach ensures the continuity of democratic governance and upholds the fundamental rights of the electorate, while still acknowledging the need for eventual and necessary adjustments in constituency boundaries,” the judge observed.
Justice Shah was a member of the three-judge bench, headed by Justice Sardar Tariq Masood and consisting of Justice Athar Minallah, which had taken up an appeal filed by Gul Khan against the Dec 12 Balochistan High Court order.
The BHC had on Dec 12 allowed Saeed-ur-Rehman’s petition by declaring as void the Nov 26 delimitation order of the Election Commission of Pakistan with a directive for the ECP to notify the final delimitation (Form-7) for both constituencies, in the following terms: PB-I (Sherani-cum-Zhob): Sherani district plus Patwar Circles Babar and Murgha Kibzai of Zhob district as well as PB-II (Zhob); and Zhob district minus Patwar Circles Babar and Murgha Kibzai.
In the detailed order, Justice Shah observed that delaying elections or prolonging legal disputes can undermine public confidence in the electoral process and democratic system as a whole. It can also create uncertainty and potentially destabilize the political environment.
“Democracy rests on the sovereignty of the people which is exercised through free and fair elections held on a regular basis,” Justice Shah said, adding that the elections were of central importance without which the government was not democratic.