Punjab, KPK polls: SC bench reconstituted to five members

A nine-member bench, headed by Chief Justice of Pakistan (CJP) Umar Ata Bandial, was dissolved and reconstituted to five members on Monday as it resumed its suo motu proceedings regarding the delay in the elections in Punjab and Khyber Pakhtunkhwa.

As the hearing began, four judges including Justice Ijazul Ahsan, Justice Yahya Afridi, Justice Sayyed Mazahar Ali Akbar Naqvi and Justice Athar Minallah disassociated themselves from the hearing.

The CJP said that the bench will continue the hearing for the interpretation of the “Constitution because what the Constitution says depends on its interpretation”.

The top court then adjourned the hearing till tomorrow (Tuesday).

During the previous hearing on Friday, Pakistan Democratic Movement (PDM) lawyer Farooq H Naek read out a joint statement of the PPP, JUI-F and the PML-N and said he objected to Justice Mazahar Ali Naqvi and Justice Ejazul Ahsan being on the bench.

The CJP had said that they only wanted all stakeholders to mark their presence and that everyone will be heard on Monday.

Punjab, KPK polls: Supreme Court adjourns hearing till Monday

On Thursday, the SC had said it will not tolerate the violation of the Constitution. As per law, elections for dissolved assemblies must be held within 90 days.

The CJP said the SC has to see who has the authority to give the election date after the dissolution of the assemblies.

Punjab, KPK polls: SC says will not tolerate violation of Constitution

“If there is a very serious situation, the time for elections can be extended. But we have to see if the Constitution is being implemented,” said the CJP.

Justice Bandial said the court wants the implementation of the Constitution, adding that after President Alvi’s announcement of the election date, the situation has changed.

The CJP further said that elaboration was needed on the issue of elections.

The court had then issued notices to the Attorney General of Pakistan (AGP), advocate generals of all provinces and others.

The notices were also issued to the vice-chairman Pakistan Bar Council, the Election Commission of Pakistan (ECP), and to the President and the governors of the Punjab and KP through their principal secretaries.

Background

Last year, PTI chief Imran Khan had announced that his governments in Punjab and Khyber Pakhtunkhwa would dissolve their assemblies to pave the way for fresh elections. This was eventually achieved last month. However, delays over KP and Punjab polls remain. As per law, the Election Commission of Pakistan is bound to hold elections within 90 days of an assembly being dissolved.

Last week, President Dr Arif Alvi had announced that elections will be held on April 9.

Following his announcement, the CJP had taken suo moto notice of the issue.

“It appears that subsequent to 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 observed that the issues raised require immediate consideration and resolution by this Court as several provisions of the Constitution need to be considered, as also the relevant sections of the Elections Act.