ISLAMABAD: The hearing of automatic notice regarding the delay in announcing the date of elections in Punjab and Khyber Pakhtunkhwa will be held again in the Supreme Court today.
In the preliminary hearing held on Thursday, the Supreme Court issued notices to the federal government, the Attorney General, the Election Commission, the Advocate Generals of the four provinces and the Advocate General of the Islamabad Capital Territory.
On February 22, Chief Justice of Pakistan (CJP) Umar Atta Bandyal took immediate notice of the apparent delay in the elections in the two provinces where the Pakistan Tehreek-e-Insaf (PTI) dissolved the legislative assemblies on the orders of party chief Imran Khan. were Khan in mid-January.
The chief justice took the spontaneous notice two days after President Dr Arif Alvi set April 9 as the date for the provincial assembly elections – condemning the government’s move as “unconstitutional and illegal”. went The Chief Justice also constituted a larger bench to hear the case.
The governors of both provinces refused to give a date for the elections.
The case was heard by a nine-member larger bench headed by Chief Justice Justice Bandyal. The bench includes Justice Ijazul Ahsan, Justice Muneeb Akhtar, Justice Mazhar Ali Naqvi, Justice Muhammad Ali Mazhar, Justice Yahya Khan Afridi, Justice Mansoor Ali Shah, Justice Athar Manullah and Justice Jamal Khan Mandukhel.
Justice Jamal Khan Mandukhel expressed reservations over taking automatic notice of the delay in announcing election dates, saying it was “not permissible”.
While the other two judges included in the bench, Justice Syed Mansoor Ali Shah and Justice Athar Manullah, raised questions on the dissolution of the assemblies. According to Justice Athar Minullah, the people of this country elect their representatives in the Parliament for five years.
It remains to be seen whether the provincial assemblies of Punjab and KP are dissolved as per the constitution. Consequently, if they violate the Constitution, it becomes a constitutional issue.”
Similarly, regarding the dissolution of provincial assemblies, Justice Syed Mansoor Ali Shah said that the court should investigate whether the chief minister of a province can act on the instructions of the leader of a political party.
The judge questioned how the assemblies could be dissolved at the behest of an individual, adding that the court should also inquire whether the assemblies were dissolved in violation of the constitution and order them to resolve the issue. Why couldn’t it be restored?
Chief Justice Umar Atta Bandial while issuing the injunction said that the reservations of Justice Jamal Khan Mandukhel and the questions raised by Justice Syed Mansoor Ali Shah and Athar Manullah will be included in the court order.
The court has also issued notices to the Pakistan Democratic Movement (PDM), Punjab and Khyber Pakhtunkhwa governments through their respective chief secretaries, the Pakistan Bar Council and the Supreme Court Bar Association for today’s hearing.
The court did not issue notice to the President or the Governors of Punjab and Khyber Pakhtunkhwa as they are protected under Article 248 of the Constitution.
The court in its order said that if the president and governor want, they can also file their case in the court.
In the order, the Chief Justice also said that two petitions have been filed in the court: one by the Islamabad High Court Bar Association and the other by the Speakers of the Provincial Assemblies of Punjab and Khyber Pakhtunkhwa. The court should direct the constitutional authorities. regarding the holding of elections in the two provinces, arguing that under Article 224 of the Constitution elections must be held within 90 days after the dissolution of the assemblies.
The court noted that under Section 57(1) of the Election Act, 2017, the President had recently announced April 9 as the date for holding the elections to both the provincial assemblies.
The court in its order said that the proceedings of the matter are still pending in the Lahore and Peshawar High Courts and the Lahore High Court directed the Election Commission of Pakistan (ECP) to announce the date of the Punjab election after consulting the Governor. Who is .
The court noted that both the Election Commission and the Governor of Punjab had challenged the order through an intra-court appeal, and that the matter was fixed before the Lahore High Court on February 21, 2023, and the matter thereafter on February 27. Notices were issued. heard
Similarly, the court noted in its order that the Peshawar High Court proceedings were scheduled for February 28, 2023, when the ECP filed its report.
In its order, the court said that “despite the passage of six weeks after the dissolution of the assemblies, the matter of fixing the dates of the elections of the two provincial assemblies is subordinate.” Elections need to be held. Within 90 days of dissolution.
In the circumstances, a bench of the Supreme Court referred the case to the office for a suo motu notice, which was issued on February 22.
