Islamabad, 28 February 2023 (GNP): During the case hearing about conducting elections of the dissolved provincial assemblies of Punjab and Khyber Pakhtunkhwa (KPK), the Supreme Court (SC) declared on Thursday that it would not permit any infringement of the Constitution.
Today, a suo motu hearing commenced, led by Chief Justice of Pakistan Umar Ata Bandial, with a nine-member bench.
In today’s hearing, the judge stated that the Supreme Court has three issues to consider, including determining who possesses the power to set the election date after the dissolution of the assemblies.
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The Chief Justice of Pakistan mentioned that several factors led to initiating a suo motu case. He emphasized that the Supreme Court would not tolerate any violation of the Constitution. He added that the election timeline could be extended in critical situations, but the primary concern is ensuring that the Constitution is being followed.
Justice Bandial expressed that the court is focused on enforcing the Constitution and noted that the situation has shifted following President Alvi’s announcement of the election date. The CJP also stated that a more detailed explanation regarding the election matter is required.
In the previous year, the PTI leader Imran Khan declared that his Punjab and Khyber Pakhtunkhwa governments would dissolve their assemblies, allowing for new elections. This was finally accomplished in the previous month. However, there have been holdups regarding the elections in KP and Punjab. According to the law, the Election Commission of Pakistan is obliged to organize elections within 90 days after the dissolution of an assembly.
On Monday, President Dr. Arif Alvi had revealed that the elections would occur on April 9. Then, on Wednesday, the CJP initiated a suo moto notice.
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“It appears that after certain correspondence initiated by the President of Pakistan with the Election Commission, the President has taken the position that it is he who has the authority and responsibility for appointing a date for the general elections, in terms as provided in section 57(1) of the Elections Act, 2017,” he noted.
The chief justice noted that the court must promptly assess and resolve the concerns raised, as several provisions of the Constitution and relevant sections of the Elections Act must be considered.
In a written communication, President Alvi mentioned that he had arranged a gathering with the Election Commission of Pakistan (ECP) on February 20th to declare the election date for the KPK and Punjab assemblies. Nevertheless, the ECP responded that it could not meet with the President’s office. The governors of Punjab and KP have failed to fulfil their constitutional obligations of determining a date, no later than ninety days from the dissolution of Provincial Assemblies, according to the Constitution of Pakistan, he stated.
