Delay in KP, Punjab Elections: Supreme Court to Resume Hearing Today

Fri Feb 24 2023
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By Special Correspondent

 

ISLAMABAD: The Supreme Court of Pakistan will resume today (Friday) the hearing of the suo-moto notice regarding the delay in the announcement of a date for elections in Khyber-Pakhtunkhwa and Punjab provinces.

 

In the hearing a day earlier on Thursday, the court issued notices to the federal government, Election Commission of Pakistan, Attorney-General, Advocate-General of the Islamabad Capital Territory and advocate-generals of the four provinces, .

 

On 22 February, Chief Justice of Pakistan Umar Ata Bandial had taken notice of an apparent delay in the elections in two provinces of Khyber-Pakhtunkhwa and Punjab where the Pakistan Tehreek-e-Insaf dissolved the assemblies in mid-January.

 

The Chief Justice took suo-moto notice two days after President Arif Alvi fixed April 9 as date for polls to the provincial assemblies — a move condemned by the government as illegal and unconstitutional. The Chief Justice formed a larger bench to hear the case. Governors in the two provinces had declined to give a date for elections.

 

Supreme Court bench

 

The case is being heard by a nine-member larger bench led by Chief Justice Umar Ata Bandial. Justice Muhammad Ali Mazhar, Justice Mazahar Ali Naqvi, Justice Ijazul Ahsen, Justice Muneeb Akhtar, Justice Yahya Khan Afridi, Justice Athar Minallah, Justice Mansoor Ali Shah, and Justice Jamal Khan Mandokhel are on the bench.

 

The court also issued notices for Friday’s hearing to members of the Pakistan Democratic Movement (PDM), the governments of Khyber-Pakhtunkhwa and Punjab through their respective chief secretaries, the Supreme Court Bar Association and the Pakistan Bar Council. The court did not issue notices to the President or the governors of Khyber-Pakhtunkhwa and Punjab as they are protected under Article 248 of the constitution.

 

The court, however, stated in its order that if the president and governors so desired, they could also file their case with the court. The court observed that, under Section 57(1) of the Election Act 2017, the president had recently announced the date of April 9 for holding elections to both provincial assemblies. “Despite the lapse of six weeks following the dissolution of assemblies, the matter of fixing dates for elections to both provincial assemblies remains subordinate,” the court said in its order, adding that Article 224 of the constitution requires elections to provincial assemblies to be held within 90 days of the dissolution.

 

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