The Supreme Court will announce its verdict in the suo motu notice case regarding the delay in the announcement of the date for the election of provincial assemblies of Punjab and Khyber-Pakhtunkhwa on Wednesday (today).
A five-member larger bench of the apex court headed by Chief Justice of Pakistan Umar Ata Bandial and comprising Justice Syed Mansoor Ali Shah, Justice Munib Akhtar, Justice Muhammad Ali Mazhar and Justice Jamal Khan Mandokhail reserved the judgment on Tuesday after hearing all the parties, including the counsel for the government, the Pakistan Tehreek-e-Insaf, the president and others.
At the outset of the hearing, the court asked the political parties to sit together and agreed upon a mutual date for the provincial assemblies’ elections.
Advocate Mansoor Awan, counsel for the Pakistan Muslim League-Nawaz’s (PML-N), requested the court to continue the proceedings as the coalition government needed more time for consultations on the matter.
Pakistan Peoples Party’s lawyer Faooq H Naek said the PPP leadership had stated that giving the election date was not the job of political parties.
Justice Munib asked who would advise the president if an assembly completed its terms. Election must be held in two months in case the assembly completed its term.
The CJP remarked that elections within 90 days (of assemblies’ dissolution) were necessary due to the current situation in the country. The Peshawar High Court (PHC) took two weeks to issue a notice, while a case was still pending before the Lahore High Court (LHC), he added.
He said the apex court was not supporting any political party but the Constitution.
Attorney General for Pakistan (AGP) Barrister Shehzad Ata Elahi raised an objection on the Supreme Court Bar Association President Abid Zuberi, stating that his name had been removed from the judicial order.
Upon this, Chief Justice Bandial asked what was written in the court was not part of a judicial order.
Justice Mandokhail asked whether the governors and president were bound to take advice from the cabinet on the matter, or they could announce the date for polls on their own.
Abid Zuberi said the president was bound to consult with the Election Commission of Pakistan (ECP) on election dates.
The chief justice asked that who would issue the notification for the assembly dissolution.
Zuberi replied that the notification for the dissolution of the Punjab Assembly had been issued by the law secretary.
Justice Munib Akhtar said the 90-day period started right after the assembly had been dissolved.
Justice Mandokhail said under Article 48 of the Constitution, every act and action of the president was bound to be on the recommendation of the government.
Justice Mazhar said the governor would give the date keeping in mind the decisions of the Election Commission.
Justice Mansoor asked whether the president could take any decision without the cabinet’s advice.
The chief justice asked whom the governor must consult for announcing poll dates. Abid Zuberi replied that the consultation could only be made with the ECP.
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