SC orders elections in Punjab, K-P in 90 days

ISLAMABAD, (MANEND NEWS): The Supreme Court ordered on Wednesday that elections in Punjab and Khyber-Pakhtunkhwa (K-P) should be held in the next 90 days with the chief justice saying that ‘democracy cannot exist without assemblies’.

The court has also ruled that President Arif Alvi’s orders will be binding on Punjab but not K-P.

“If the governor dissolved the assembly then the governor will announce the election date,” ruled the court.

Simultaneously, the apex court ruled that the president and the Election Commission of Pakistan (ECP) should announce polls in Punjab after consultation.

“In ordinary circumstances,” read the judgment, “the general election to the Punjab Assembly ought to be held on 09.04.2023, the date announced by the president in terms of his order of 20.02.2023.

“However, we are informed that on account of the delay in the emergence of the date for the holding of the general election, it may not be possible to meet the 90-day deadline stipulated by the constitution”, the court stated, ordering the ECP to propose a date that is as close as possible to the one proposed by the president.

“After consultation with the ECP, the president shall announce a date for the holding of the general election to the Punjab Assembly.”

Similarly, the court ordered the K-P governor to announce the date for polls after consulting with the ECP.

3 – 2 split

The verdict was split 3-2 with Justice Mansoor Ali Shah and Justice Jamal Khan Mandokhail dissenting with the majority. Chief Justice of Pakistan (CJP) Umar Ata Bandial, Justice Munib Akhtar and Justice Muhammad Ali Mazhar supported the ruling.

The dissenting note maintained that the suo motu was not maintainable.

The bench led by Chief Justice of Pakistan Umar Ata Bandial concluded the two-day-long proceedings in the suo motu case on Tuesday. Concluding the hearing, the bench reserved the verdict and said it would be announced before 11am Wednesday (today).

During Tuesday’s hearing, the chief justice said that they were not there to support any side but to support the Constitution. “We cannot abandon the Constitution,” he said, adding that they could not override the Constitution.

However, in their dissenting note on Wednesday, Justice Shah and Justice Mandokhail said that “the suo motu proceedings, in the facts and circumstances of the case, are wholly unjustified in the mode and manner they were taken up
under Article 184(3) of the constitution, besides being initiated with undue haste.”

The two judges maintained that the case was not fit for hearing while the matter was already pending in the provincial high courts of Peshawar and Lahore seeking the same relief.

Furthermore, they stated that “such like matters should best be resolved by the parliament” adding “we, therefore, agree with the orders dated 23.02.2023 passed by our learned brothers, Yahya Afridi and Athar Minallah, and dismiss the present constitution petitions and drop the suo motu proceedings.”

Previously, the chief justice had formed a nine-member bench to hear the suo motu notice over the delay in the announcement of provincial elections in Punjab and K-P since their dissolution earlier this year.

At the outset of the hearing on Monday, Justice Ijazul Ahsan and Justice Sayyed Mazahar Ali Akbar Naqvi recused themselves as questions were raised on their presence on the bench.

Meanwhile, two more judges, Justice Afridi and Justice Minallah disassociated themselves from the proceedings as they expressed their opinion on the maintainability of the petitions on the matter.

“Keeping in view the order dated 23.02.2023 and the additional notes attached thereto by four of us (Justice Syed Mansoor Ali Shah, Justice Yahya Afridi, Justice Jamal Khan Mandokhail and Justice Athar Minallah) as well as the discussion/deliberations made by us in the ante-Room of this Court, the matter is referred to the Hon’ble Chief Justice for reconstitution of the Bench”, says the court order signed by nine judges.

Justice Minallah, who did not recuse himself, in his note, urged for the formation of the full court to hear this matter. Likewise, Justice Afridi, who also did not recuse, said that the chief justice should take decision regarding his retention in the newly-constituted bench.

‘A constitutional victory’

Speaking outside the court, PTI leader Fawad Chaudhry hailed the verdict as a “victory for the constitution of Pakistan” which was seconded by AML chief Sheikh Rashid as a “victory for Imran Khan”.

Fawad said that the two dissenting judges have “merely” said that since a Lahore High Court ruling on the matter already exists, the SC was “not required to take notice”.

“But all five judges agree that polls must be held within 90 days,” he stressed.

Fawad has also said that the court has bound the federation to facilitate polls and provide support, particularly in ensuring safety.