Islamabad: Supreme Court (SC) has ordered to hold elections in Punjab and KP within 90 days in hearing the suo moto notice over delay in elections in Punjab and Khyber Pakhtunkhwa.
The SC five-member bench headed by Chief Justice of Pakistan Umar Atta Bandiyal comprising Justice Jamal Mandukhail, Justice Mansoor Ali Shah, Justice Mazhar Ali and Justice Muneeb Akhtar had reserved the verdict yesterday after listening arguments from all the parties.
Today, the CJ announced the verdict while reading the judgment. Three Judges supported the verdict while two judges opposed the judgement.
The CJ apprised that Justice Mandukhail and Justice Mansoor Ali Shah opposed the decision while Justice Mazhar Ali and Justice Muneeb Akhtar supported the verdict..
The SC approved all the petitions in the favour of holding elections in 90 days.
Three Questions The Court Considered
Chief Justice in its verdict said that the three questions were placed before the court, firstly, who will announce the election date constitutionally, secondly , when the constitutional authority will be used and finally what responsibilities federation and provinces have?
The CJ said that as far as Punjab President has given date of elections rightly while he rejected election day given for KP adding that if governor were dissolved the assembly then he can announce the date of the elections.
KP Governor Violated Constitution
Honourable Umar Atta Bandiyal said that governor KP violated the constitution by not giving the election date. If elections are not possible in April then election date can be changed after mutual consultations.
ECP To Conduct Consultation With President Immediately
The SC ordered the Election Commission Of Pakistan (ECP) to immediately consult with President while directed the governor KP to announce election date immediately.
President Responsibility For Announcing Election Date
The governor bound to play his constitutional role while President responsible for giving election date in Punjab, he added. If governor not announce the election date in KP than President can announce the date, he said.
President Absolutely Right In Giving Election Date On Feb 20
The CJ said that the announcement of date by President on February 20 was absolutely right. The top court said that 57-1 article of the constitution is applicable on both federation and provinces.
In Case Of Shortage Of Time, ECP Suggests Election Date To President
The SC instructed the ECP to ensure elections on election date given by the president, the CJ said while if there is shortage of time for preparations of the elections then the ECP can itself suggest date to the President.
The SC in its verdict said that it is a responsibility of the federation that the executive authorities of the federation to help the ECP.
Yesterday, Chief Justice of Pakistan (CJP) Justice Umar Ata Bandial thanked all the lawyers for assisting the apex court throughout the hearing.
“I cannot say when will we be back [to announce the verdict],” the CJP added.
The court directed the political parties – both in power and opposition – to sit together to work out the date for the Punjab and Khyber Pakhtunkhwa elections.
The apex court directed PTI leaders Shireen Mazari and Fawad Chaudhry to hold consultation with party chairman, Imran Khan, and legal team of the ruling coalition to consult with their leaders on the election date.
The latest directive was issued after the three ruling parties – PML-N, PPP and JUI-F – withdrew the plea seeking formation of the full bench to hear the suo motu case following the recusal of four judges from the bench. While withdrawing the petition, Farooq H Naek said the ruling partners did not want to pursue the plea.
Justice Mansoor remarked the political parties should think about the country instead of indulging in the legal battle.
Previously, the case was being heard by the nine-member bench but it split on Monday into a five-judge bench after four judges – Justice Ijazul Ahsan, Justice Syed Mazahar Ali Akbar Naqvi, Justice Syed Mansoor Ali Shah and Justice Athar Minallah – recused themselves from hearing the case.
