ISLAMABAD: The Supreme Court has ordered elections to be held in Punjab and Khyber Pakhtunkhwa within 90 days.
The 5-member larger bench headed by Chief Justice Umar Atta Bandyal said in the decision on the delay in the elections in Punjab and Khyber Pakhtunkhwa that elections should be held in 90 days in Punjab and Khyber Pakhtunkhwa. Give the date. The five-member bench gave the decision in the ratio of three to two.
Chief Justice, Justice Muneeb Akhtar, Justice Muhammad Ali Mazhar gave the majority decision while Justice Jamal Mandukhel and Justice Mansoor Ali Shah gave a dissenting note.
The court ordered the President to consult the Election Commission of Punjab and the Governor of KP to give the date of the election after consulting the Election Commission. Therefore it was declared null and void.
The Supreme Court said in the decision that the Election Commission is obliged to play the role of advice to the Governor and the President. The President announced the date of elections on April 9. The Election Commission did not play its role in this situation. If elections are not possible on April 9, then the date can be changed in Punjab after consultation.
The court said that it is the responsibility of the federation to play its role in conducting the elections. It is the duty of the Federation that the Executive Authorities of the Federation assist the Election Commission. Governor KP should immediately give the date of elections and all federal and provincial institutions should provide all kinds of assistance including security to the Election Commission.
The court had reserved the order of suo motu notice yesterday. On February 22, the Chief Justice took notice of the delay in the elections and constituted a 9-member bench. The ruling coalition had raised objections against two judges, Justice Ijaz-ul-Ahsan and Justice Mazahir Naqvi, who were included in the bench.
Justice Yahya Afridi and Justice Athar Manullah also separated themselves from the bench after which the Chief Justice again constituted a 5-member bench.
4 hearings of Punjab and KP election self-notice were held. Yesterday, the Supreme Court had reserved its decision after the arguments of the parties were completed in a long hearing of 7 hours.
Read More: Supreme Court Elections Self-Notice Secure Decision To Be Pronounced Today
The Supreme Court in its remarks said that constitutionally the elections will be held in 90 days. No constitutional body can extend the period of elections. If elections are not held on time, there will be no stability in the country.
Detailed judgment
The Supreme Court has issued a detailed judgment on its own notice. The decision has said that every provincial government has a constitutional responsibility to run the province according to the constitution. The declaration of general elections according to the mandate of the constitution is also included in this constitutional responsibility.
It is further stated in the decision that according to Article 220, it is the responsibility of all the authorities under the federation and the provinces to assist the Election Commission. The federal government should provide all facilities including manpower and security to the Election Commission on an emergency basis.
In normal circumstances, Punjab elections should have been held on April 9. We have been told that general elections cannot be held within the constitutional requirement of 90 days. The Election Commission shall try as much as possible to meet the deadline of 90 days for conducting the elections. If it is not possible to meet the deadline of 90 days, then a date should be fixed as soon as possible.
In the decision, it has been said that after consulting the Election Commission, the President should announce the date of the election in Punjab and the Governor in Khyber Pakhtunkhwa. Non-announcement of election date by Governor KPK is a violation of constitutional obligation. Supreme Court’s 13-page judgment also includes dissenting notes of 2 judges.
