Punjab, KP election limbo: SC to renew suo motu listening to on delay in polls shortly – Pakistan
The Supreme Courtroom will resume listening to its suo motu proceedings relating to the delay within the announcement of a date for elections in Punjab and Khyber Pakhtunkhwa on Monday.
A nine-member bench, headed by Chief Justice of Pakistan (CJP) Umar Ata Bandial and likewise comprising Justice Ijazul 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 take up the case at 12pm.
The suo motu notice was taken by the highest choose after President Dr Arif Alvi earlier this week unilaterally announced April 9 because the election date in each provinces after his invitation for consultations on the matter was turned down by the Election Fee of Pakistan (ECP).
On the earlier listening to, the coalition events — PML-N, PPP and JUI-F — had presented a note within the apex courtroom asking two SC judges, Justice Ahsan and Justice Naqvi, to recuse themselves from the case.
The events had additional mentioned that the 2 judges ought to by no means be a part of any bench listening to any case involving these three events and their management.
Coalition seeks full court for suo motu case
On Saturday, the coalition government petitioned the Supreme Courtroom for the formation of a full courtroom — comprising all judges besides Justice Ahsan and Justice Naqvi — to conduct the suo motu proceedings.
The joint petition, filed by senior counsel Farooq H. Naek, Mansoor Usman Awan and Kamran Murtaza on behalf of the PPPP, PML-N and JUI-F, respectively, says the prayer has been made “in one of the best curiosity of justice and to strengthen the folks’s confidence within the Supreme Courtroom”.
It’s crucial that the complete courtroom — minus the 2 judges, who’ve already disclosed their minds within the matter — be constituted to listen to the case within the curiosity of justice and equity, contends the petition, which has been moved below Order 33 Rule 6 of the Supreme Courtroom Guidelines 1980.
The petition argued that when the case was taken up by the nine-judge bench headed by Chief Justice of Pakistan (CJP) Umar Ata Bandial on Feb 23, Justice Jamal Khan Mandokhail learn out a notice and raised objections to the impact that for the reason that two-member bench consisting of Justice Ahsan and Justice Naqvi had already rendered a particular opinion on the difficulty as recorded within the courtroom’s Feb 16 order, it might quantity to a violation of Article 10A if they continue to be a part of the bigger bench.
Justice Mandokhail, the ruling events recalled, had additional said that it was not applicable to refer the matter to the CJP below Article 184(3) and that the suo motu motion taken by the latter was not justified. Later, the Supreme Courtroom on the identical date issued notices to the related stakeholders and that the candidates appeared earlier than the courtroom on Feb 24 via their counsel and browse a joint assertion, in search of the recusal of Justice Ahsan and Justice Naqvi from any matter involving the PPPP, PML-N and JUI-Pakistan and their management.
In accordance with the petition, these circumstances have raised a number of questions of immense authorized, constitutional and public significance as recorded within the CJP’s notice whereas invoking suo motu jurisdiction.
Suo motu notice
Last week, the top judge took suo motu notice of the delay in holding polls in Punjab and Khyber Pakhtunkhwa, saying that there appeared to be a “lack of clarity” on the matter.
In the notice, CJP Bandial said that the SC bench would consider the following 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?
- What are the constitutional responsibilities and duties of the federation and the province with regard to the holding of the general election?
In his order, the CJP observed that there was, to put it shortly, a lack of clarity on a matter of high constitutional importance.
In his order, the CJP observed that there was, to put it shortly, a lack of clarity on a matter of high constitutional importance.
The issues raised require immediate consideration and resolution by the Supreme Court. The decision was taken after a note was presented to the CJP against the backdrop of a Feb 16 order by a two-judge bench asking the chief justice to invoke a suo motu initiative in this regard.
“Several provisions of the Constitution need to be considered, as also the relevant sections of the Elections Act 2017. In particular, the issues involve, prima facie, a consideration of Article 17 of the Constitution and enforcement of the fundamental right of political parties and the citizens who form the electorates in Punjab and Khyber Pakhtunkhwa to exercise their right to elect representatives of their choice to constitute fresh assemblies and the provincial cabinets,” the SC order said.
“This is necessary for governments in the two provinces to be carried on in accordance with the Constitution,” observed the CJP, adding that these matters involve the performance of constitutional obligations of great public importance apart from calling for faithful constitutional enforcement.
“There is a material development in the last few days,” the CJP noted, adding that it appeared that subsequent to certain correspondence initiated by President Arif Alvi with the Election Commission of Pakistan, the former had taken the position that it was he who had the authority and responsibility for appointing a date for the general elections, in terms as provided in Section 57(1) of the Elections Act.
The order said: “By an order made on Feb 20, the President had appointed April 9, 2023, to be the date for the holding of the general elections in Punjab as well as KP and had called upon ECP 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 general elections which was a first step towards the holding of the elections, has still not been resolved, the judge remarked.
“Constitutional authorities appear to hold divergent and perhaps even conflicting, views on the issue, and 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.
“It is also to be noted that statements attributed to ECP have appeared in the public record to the effect that it was 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 CJP observed that in the cases of Punjab and KP, the then chief ministers tendered advice to their respective governors under Article 112(1) of the Constitution to dissolve the assembly.
Punjab, KP election limbo
The Punjab and KP assemblies — where the PTI had governments — were dissolved on January 14 and January 18, respectively, in an try to pave the way in which for snap polls.
On Jan 24, the ECP wrote letters to the principal secretaries of Punjab and KP governors, suggesting elections in Punjab between April 9 and 13, and in KP between April 15 and 17.
On the similar time, the PTI had on Jan 27 approached the LHC in search of orders for the Punjab governor to right away announce a date for an election within the province following which the courtroom had directed the ECP to right away announce the date for elections after session with the governor.
In the meantime, President Arif Alvi had additionally urged the ECP on Feb 8 to “instantly announce” the date for polls in KP and Punjab and put an finish to “harmful speculative propaganda” on each the provincial meeting and normal elections.
Nevertheless, up to now, the governors of the 2 provinces have refrained from offering any date for the polls on a number of pretexts.
Final week, President Alvi had invited Chief Election Commissioner (CEC) Sikandar Sultan Raja for an pressing assembly relating to consultations on election dates however the ECP informed him he had no role within the announcement of dates for normal elections to provincial assemblies and the fee was conscious of its constitutional obligation on this regard.
Subsequently, the president on Monday unilaterally introduced April 9 because the date for holding normal elections for the Punjab and KP assemblies.
The transfer drew sharp criticism from his political opponents, who accused him of performing like a PTI employee whereas the ECP mentioned it might announce the ballot schedule solely after the “competent authority” fixes the date.
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