ISLAMABAD: In a major development, the Supreme Court of Pakistan on Tuesday termed as “null and void” the decision of the Election Commission of Pakistan (ECP) delaying the elections in Punjab by President Dr Arif Alvi on April 30. Upheld the decision.
A three-judge bench headed by Chief Justice of Pakistan (CJP) Umar Atta Bandial comprising Justice Muneeb Akhtar and Justice Ijaz-ul-Ahsan delivered the decision on Monday after a week-long hearing on Pakistan Tehreek-e-Insaf (PTI). Saved? ) Petition
The ECP postponed the date of elections in Punjab to October 8 – initially scheduled for April 30.
Ahead of the expected verdict, the Ministry of Defense has submitted its report detailing the reasoning behind the army’s refusal to provide security for the elections.
As the Supreme Court accepted the petition and began hearing it on the same day, March 27, it held six hearings over a period of eight days, in which the parties presented their arguments.
Initially, a five-member bench consisting of Chief Justice Bandyal, Justice Aminuddin Khan, Justice Jamal Khan Mandukhel, Justice Akhtar and Justice Ahsan was constituted.
But on March 30, Justice Amin recused himself from the proceedings citing a three-judge bench ruling that had stayed proceedings under Article 184(3) of the Constitution.
Subsequently, the bench was cut down to four members – Chief Justice Bandyal, Justice Mandukhel, Justice Akhtar and Justice Ahsan.
A day later on March 31, Justice Mandukhel also recused himself and noted that since he was not consulted before the bench was constituted, he would like to recuse himself.
A new bench consisting of Chief Justice Bandyal, Justice Akhtar and Justice Ahsan was constituted to hear the case.
The three-member bench that pronounced the decision heard the arguments of the Advocate Generals of Punjab and KP, Attorney General for Pakistan, ECP’s counsel and Defense and Finance Secretary.
While the hearing was underway, coalition parties – including the Pakistan People’s Party (PPP) and the Pakistan Democratic Movement (PDM) – demanded the formation of a full court to hear the case.
But the Supreme Court rejected his plea. The coalition parties have expressed no confidence in the three-member bench hearing the case and said they will not accept the verdict.
Prime Minister Nazir Tarar has also said that if the decision of the Supreme Court on a sensitive and important issue is delivered in haste, the government will not accept it.
While the hearing was underway, Parliament also passed the Supreme Court (Practice and Procedure) Bill, 2023 to curtail the powers of the Chief Justice. However, President Arif Alvi has not yet signed it.
On the other hand, PTI said that they respect all the judges and will accept whatever decision the court takes.
Speaking to a news channel, PTI Vice Chairman Shah Mehmood Qureshi said that all judges are respectable to us, we have no objection to any bench, we only want a decision according to the constitution.
The PTI leader also urged the ruling coalition to accept the Supreme Court verdict.
