ISLAMABAD: The Chief Justice of Pakistan on Wednesday took suo notice regarding not holding of elections of the dissolved provincial assemblies of the Punjab and Khyber Pakhtunkhwa, though the Election Commission of Pakistan is bound to hold elections within 90 days.
A nine-member bench headed by Chief Justice Umar Ata Bandial and comprising Justice Ijaz ul Ahsan, Justice Syed Mansoor Ali Shah, Justice Munib Akhtar, Justice Yahya Afridi, Justice Sayyed Mazahar Ali Akbar Naqvi, Justice Jamal Khan Mandokhail, Justice Muhammad Ali Mazhar and Justice Athar Minallah will hear the suo moto today (Thursday).
The bench will consider the questions; who has the constitutional responsibility and authority for appointing the date for the holding of a general election to a Provincial Assembly, upon its dissolution in the various situations envisaged by and under the Constitution? How and when is this constitutional responsibility to be discharged?
President Alvi says elections in Punjab, KP on Apr 9, ECP calls emergency meeting
The Registrar Office placed a request by a two-member Bench that the suo motu jurisdiction of the Court under Article 184(3) of the Constitution be invoked that the Provincial Assembly of Punjab stood dissolved on 14.01.2023 pursuant to the Advice of the Chief Minister, Punjab dated 12.01.2023.
As such, elections to the Punjab Provincial Assembly are required to be held within 90 days of the said date in terms of Article 224(2) of the Constitution. However, no progress appears to have taken place in this regard and there is a real and eminent danger of violation of a clear and unambiguous constitutional command.
The chief justice also noted that there is another material development in the last few days. 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.
By an order made on 20.02.2023 the President has appointed 09.04.2023 to be the date for the holding of the general elections in both Provinces and has called upon the Election Commission to fulfil its constitutional and statutory obligations in this regard. More than one month has now elapsed since the dissolution of the Provincial Assemblies and it seems prima facie that even the matter of appointing the date of the general elections which is the first step towards the holding of the elections, has still not been resolved.
The constitutional authorities appear to hold divergent, and perhaps even conflicting, views on the issue. Thus, several Federal Ministers appear to have contested the authority asserted by the President. Since Ministers act under the constitutional rule of collective responsibility it appears, prima facie, that this is the view taken by the Federal Cabinet as a whole.
There is, to put it shortly, a lack of clarity on a matter of high constitutional importance. It is also to be noted that statements attributed to the Election Commission have appeared in the public record to the effect that it is not being provided the requisite assistance and support, in particular by the provision of necessary funds, personnel and security, as would enable it to hold the general elections in accordance with the Constitution.
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. In particular, the issues involve, prima facie, a consideration of Article 17 of the Constitution and enforcement, inter alia, of the fundamental right of political parties and the citizens who form the electorates in the Punjab and KPK Provinces to exercise their right to elect representatives of their choice to constitute fresh Assemblies and Provincial Cabinets.
This is necessary for the government in the two Provinces to be carried on in accordance with the Constitution. These matters involve the performance of constitutional obligations of great public importance apart from calling for faithful constitutional enforcement.
Copyright Business Recorder, 2023
Comments
Comments are closed.