In landmark ruling, Supreme Court says Punjab, Khyber Pakhtunkhwa polls must be held in 90 days

A general view of the Supreme Court of Pakistan building at the evening hours, in Islamabad, Pakistan on April 7, 2022. (REUTERS/File)
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Updated 01 March 2023
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In landmark ruling, Supreme Court says Punjab, Khyber Pakhtunkhwa polls must be held in 90 days

  • The two provinces have been under caretaker governments since provincial assemblies were dissolved in January
  • Most legal experts say the constitution is clear that elections must be held within 90 days after dissolution of an assembly

ISLAMABAD: In a landmark ruling on Wednesday, Pakistan’s top court said general elections in Khyber Pakhtunkhwa and Punjab, which have been under caretaker governments since the provincial assemblies were dissolved in January, should be held within 90 days.

Former prime minister Imran Khan’s Pakistan Tehreek-e-Insaf (PTI) party dissolved the KP provincial assembly in January, while the chief minister of PTI’s allied party, the PMLQ, dissolved the Punjab assembly the same month, with both moves aimed at forcing the federal government to announce early national elections.

However, the caretaker governors of both provinces declined to give dates for fresh elections and referred the matter to the Election Commission of Pakistan (ECP). As the deadlock continued, the president unilaterally announced polls in both provinces on April 9.

The Supreme Court of Pakistan intervened last week, taking suo motu notice of the situation to settle a matter on which most legal experts say the constitution is clear: elections need to be held within 90 days after the dissolution of an assembly.

“The elections within 90 days after the dissolution of an assembly are mandatory,” Chief Justice Umar Ata Bandial said while reading the 3-2 judgment.

The verdict said it was the governor’s responsibility to announce the date for the polls in a situation where the dissolution of a provincial assembly was endorsed by him, referring to KP.

However, in the case of Punjab, where the governor refused to sign the summary for the dissolution which was moved by the chief minister and the assembly ceased to exist on its own within 48 hours as per the law, the date for the polls could be announced by the president in consultation with the ECP.

“In relation to the dissolution of the Punjab Assembly, to which the situation described in para 6(b) above applied, the constitutional responsibility for appointing a date for the general election that must follow was to be discharged by the President,” the verdict said. “However, in relation to the dissolution of the KPK Assembly, to which the situation described in para 6(a) above applied, the constitutional responsibility for appointing a date for the general election that must follow was to be discharged by the Governor.”

Referring to President Dr. Arif Alvi unilaterally fixing April 9 as the election date for both the provincial assemblies, the court said the president’s order was “constitutionally competent” for Punjab but “invalid” for KP.

He added that the KP governor was “in breach of his constitutional responsibility” by not appointing a date to hold the elections in his province.

The supreme court also ruled that the date for the Punjab polls given by the president could be changed in consultation with the ECP while the federation was responsible for extending all resources and support to the election commission to hold the polls.

Khan has been leading protests for months now calling for early elections to oust the current government of Prime Minister Shahbaz Sharif, who says polls will be held later this year when Parliament completes its five-year term.

The Punjab and KP regions account for more than half of the country’s 220 million population and Khan’s party dissolved the assemblies gambling on the national government being unable to afford to hold the provincial elections separately from the national election due by October.


Imran Khan’s party seeks ‘confidence-building measures’ after government’s talks offer

Updated 03 January 2026
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Imran Khan’s party seeks ‘confidence-building measures’ after government’s talks offer

  • PTI says access to jailed founding leader essential for talks to be considered credible
  • Government says it’s ready for dialogue but nothing will happen until Khan favors the idea

ISLAMABAD: Pakistan’s jailed former prime minister Imran Khan’s party said on Saturday it would only consider the government’s offer for talks credible if it is accompanied by “concrete confidence-building measures,” such as unhindered access to its founding leader in a high-security prison in Rawalpindi.

Last month, Prime Minister Shehbaz Sharif said the government was fully prepared to hold a dialogue with Khan’s Pakistan Tehreek-e-Insaf (PTI) party to address political polarization that has deepened since the downfall of the PTI administration in a parliamentary no-confidence vote in 2022.

PTI has frequently complained about a state crackdown against its top leadership, including Khan and his wife, who are serving prison sentences in multiple cases ranging from corruption charges to inciting violence against state institutions and attacks on government properties.

Sharif’s offer for talks came amid media reports that PTI wanted a dialogue with the government, though he noted that negotiations would not be allowed to proceed on the basis of “blackmailing” or unlawful demands and would only cater to legitimate issues.

“Announcements of talks, without concrete confidence-building measures, cannot be treated as credible progress,” Azhar Leghari, PTI’s central deputy information secretary, told Arab News.

He recalled that Khan had authorized Mahmood Khan Achakzai and Allama Raja Nasir Abbas to carry forward with the dialogue process, adding that talks “require trust, and trust cannot be built at the cost of constitutional rights or democratic legitimacy.”

“For dialogue to be meaningful, it is essential that these authorized representatives are allowed regular and unhindered access to Imran Khan so that any engagement accurately reflects his views and PTI’s collective position,” he added.

Khan’s family, party and legal team have complained in the past they are stopped by the authorities from meeting the ex-PM in prison. Last month, they also raised concerns about his health, prompting the officials to allow one of his sisters to meet him, who said he was fine.

Shortly thereafter, a scathing message was posted on his social media account, criticizing the army chief. Khan’s post elicited a bitter response from the government and the military amid accusations of inciting people against state institutions.

Leghari’s comments came only a day after Rana Sanaullah, adviser to Prime Minister Sharif on political affairs, said PTI’s “second- or third-tier leadership” wanted dialogue, but nothing was going to happen until Khan favored these negotiations.

He also maintained that while the government was ready for talks, “uncertainty and delays from PTI are preventing progress.”

Meanwhile, a newly formed National Dialogue Committee of former PTI leaders told Arab News it had organized a session on Wednesday, January 7, in the federal capital that will bring together all major political parties, journalists, lawyers and representatives of civil society.

“Our goal is to bring political leaders together so that, while discussing their own issues, they can collectively seek solutions to the nation’s challenges,” Mahmood Baqi Moulvi, a Pakistani politician and member of the committee, said.

“The initiative also builds on previous efforts, including a letter to the prime minister requesting confidence-building measures to enable talks with PTI,” he added.

The National Dialogue Committee had urged the government in the letter to grant parole to jailed party figures in Lahore, including former foreign minister Shah Mahmood Qureshi and Dr. Yasmin Rashid, describing the move as vital for building trust ahead of negotiations.

It had also maintained such a step “would not only create an extremely positive, conducive, and trust-filled environment for the negotiations but would also lay a strong foundation for restoring mutual confidence among all stakeholders.”

While the government has also offered dialogue in the past, PTI leaders have conditioned participation on substantive measures, including what they describe as an end to politically motivated prosecutions and arrests, restoration of fundamental rights, respect for judicial independence and a credible roadmap toward free and fair elections.

“Reconciliation is possible, but it must be based on correcting injustices rather than managing optics,” Leghari said. “A genuine reset requires restoring respect for the Constitution, ending political victimization and allowing democratic processes to function without interference.”

Rana Sanaullah and Deputy Law Minister Barrister Aqeel Malik did not respond to requests for comment.