Elections in Punjab, Khyber Pakhtunkhwa
Elections can only be deferred if situation is extremely dire, remarks CJP
Ijaz Kakakhel Islamabad
The Supreme Court issued notices to all major political parties in suo moto hearing about elections in Punjab and Khyber Pakhtunkhwa provinces.
The Supreme Court of Pakistan remarked that the violation of the Constitution would not be tolerated, saying elections in Punjab and Khyber Pakthunkhwa should be held on time.
A nine-member bench, headed by Chief Justice Umar Ata Bandial, heard the suo motu case that aimed at determining who had the authority to announce the date for polls. The bench comprises Justice Ijazul Ahsan, Justice Munib Akhtar, Justice Syed Mazahar Ali Akbar Naqvi, Justice Syed Mansoor Ali Shah, Justice Jamal Khan Mandokhail, Justice Yahya Afridi, Justice Athar Minallah and Justice Muhammad Ali Mazhar.
During the hearing Justice Athar Minallah and Justice Mansoor Ali Shah of the Supreme Court raised questions on the dissolution of Punjab and Khyber Pakhtunkhwa assemblies.
Justice Athar Minallah remarked that it is to be seen whether provincial assemblies were dissolved as per the Constitution or not. While Justice Mansoor Ali Shah wondered whether the assemblies can be dissolved on someone’s dictation.
“How can the assemblies be dissolved at the directive of an individual if the representatives are elected for five years,” he noted.
The judge said that the court will also see if the assemblies’ dissolution is constitutionally wrong and if the matter can be resolved through their restoration.
The apex court issued notices to the Election Commission of Pakistan, President Arif Alvi, federal, Punjab and KP governments, members of the Pakistan Democratic Movement, the Supreme Court Bar Association president, the Pakistan Bar Council vice president and others in the case.
At the outset, CJP Bandial said the bench would hear three related cases and determine who was supposed to give the elections’ dates. He said it was an important case and should be dealt with in line with the Constitution. The apex court, he said, would not tolerate violation of the constitution. He said the schedule of next week had been put off to give due weightage to this case.
He said the judges would listen to the viewpoint of all concerned and salient features would be discussed on Friday.
He said multiple factors led the apex court to take the suo motu notice, adding that the 90-day period for conducting provincial elections was running out. He said the matter was also pending with the Lahore High Court, adding that the high court could be bypassed in case of emergency.
