INTHE HON’BLE SUPREME COURT OF PAKISTAN
Constitution Petition No.05 of 2023
Mohammad Sibtain Khan & others
. Petitioner
Versus
Election Commission of Pakistan through Chief Election Commissioner,
Islamabad and others
.. Respondents
REPRESENTATION ON BEHALF OF ELECTION COMMISSION OF
PAKISTAN WITH REFERENCE TO THE ORDER DATED 04.04.2023 BY
THE HON’BLE SUPREME COURT OF PAKISTAN
Respectfully Shewetl
1, That the above mentioned petition lastly came up for heating before this august Court
on 03.04.2023 and the Hon’ble Court passed the order dated 04.04.2023 and directed
the Federal Government to release and provide funds to the Commission of Rs. 21
billion for the purpose of the General Elections of Punjab and KPK and also directed
to provide requisite security and assistance to the Commission.
2, That in compliance withthe direction of this Honorable Court contained in para $ and
6 of the order the report has already been filed in this Honorable Court on 11-04-2023,
(Copy of the letter written to the Registrar and compliance report are Annex A and A~
)
3. That this Honorable Court directed the Federal Government to provide all such aid and
assistance to the Commission as required by it for holding and conduct of General
Elections to the Provincial Assemblies of Punjab and KPK, Paras 7 and 8 of the order
are reproduced as under;2
“The Federal Government must, in exercise of its powers and position in
terms of Article 243(1) of the Constitution, and all other constitutional and
{egal powers enabling it in that behalf and in discharge of its constitutional
duties under Articles 148(3) and 220, provide all such aid and assistance to
the Commission as required by it fr the holding and conduct of the general
elections to the Punjab and KPK Assemblies. Without prejudice to the
generality of the foregoing, the Federal Government must make available all
necessary personnel, whether from the Armed Forces, Rangers, Frontier
Constabulary and all other forces under the direct, indirect or ultimate
command and control of the said Government, as are required by the
Commission for security and other purposes related to the general elections.
In this regard, the Federal Government must forthwith, and not later than
17.04.2023, provide a plan acceptable to the Commission.”
“if there is a failure by the federal government or the Care-taker Government
in the Punjab to provide aid and assistance to the Commission and without
Prejudice to the generality of the fore-going, in particular to comply with
‘what has been set out herein above, the Commission may make appropriate
representation to this Court for such consideration and orders as deemed
appropriate,”
‘That the Caretaker Government has submitted Administrative and Security plan
through Home Department Punjab in which they have highlighted shortage of police
personnel for deployment at the polling stations, the ratio of police personnel comes
ive, 81,050*52,270 1.55 personnel per polling station which is obviously insufficient
for conduct of free, fair and peacefil elections. The detail of shortage provided by the
Care-taker Government of Punjab is given below;
‘ST i ‘Security perPolling | Total Foree
i Polling Stations naa ae
1 | Category A, 1071 11 143,781
2 [ Category B 18295) 09 164,637
3_[ Category C 20906, 0s 104,530
Sub Total 52,270 12,948
Patrolling, pickets, QRF, DRO/RO Offices $3,555.
G. Total (Requirement) "466,508
Force Available 81,050
Shortfall 385 485
‘The gist ofthe Security plan submitted by the Punjab Government is given below;
‘That 466,508 security personnel are required for maintenance of law and order