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Islamabad: (Web Desk) The Supreme Court, while giving its verdict in the election review case, has said that how long will they continue to sacrifice democracy by going ahead with the elections?
In the Supreme Court, a hearing was held on the Election Commission’s review petition regarding the Punjab elections, a three-member bench headed by Chief Justice Umar Ata Bandial heard it, while Justice Ijaz-ul-Ahsan and Justice Muneeb Akhtar were part of the bench.
Arguments from lawyer Election Commission Sujeel Swati
Bar Election Commission Sajil Swati came to the dais, where the Chief Justice remarked that it is the third day that the lawyer is listening to the arguments of the Election Commission, let us know what is your real point.
Advocate General Sujeel Swati said the Supreme Court rules cannot curtail the constitutional powers.
Justice Ijazul Hassan pointed out that how do Supreme Court rules reduce the constitutional powers of the judiciary? Points noted so far, move on.
Vakil Election Commission said the full court has declared in several cases that the scope of the audit is not limited.
The court pointed out that if your logic is accepted, the Supreme Court’s rules will be invalid.
Advocate Sujeel Swati said the revision petition is actually a continuation of the main case.
The chief judge remarked that you will continue to shoot arrows in the air, so we will continue to look at the sky, at least aim and shoot, you know what you mean.
Justice Muneeb Akhtar pointed out that you have made the scope of the audit larger than the main case.
The Judicial Election Commission said that it is necessary to have an interim government for the elections, the procedure for the appointment of the interim government is specified in the constitution, the families of the interim rulers cannot participate in the elections, the constitution prohibits the idea of transparency in the elections. .
If the provincial council is dissolved in 6 months, will the interim government continue to work for 4 and a half years? Judge Ejazul Ahsan
Justice Ijazul Hassan remarked that what will happen if the provincial assembly is dissolved in 6 months, will the caretaker government continue to work for 4 and a half years, will we wait for the dissolution of the national assembly for 4 and a half years?
Lawyer Sujeel Swati replied that the caretaker government will work in the province for 4 and a half years, one article of the constitution cannot be violated while another is being violated, the delay of 90 days from Article 254 can get legal support, 90 days for elections Delayed processing is possible.
The Chief Justice remarked that the treatment can be such that a new elected government can come in 4 and a half years, how is it possible in the constitution that the elected government should stay for 6 months and temporary government for 4 and a half years.
Extension of Interim Government Against Spirit of Constitution: Supreme Court
Justice Ijaz-ul-Ahsan remarked that 90 days period has also been specified in the constitution, the interim government will hold elections in 90 days, where is it written in the constitution that the interim government can be extended, extension of the interim government period is in the constitution . It goes against the spirit of
The representative for the Election Commission replied that they agree with the court’s observation. The purpose of the constitution is elected governments and democracy. The country can only be governed by the elected government. Democracy cannot be slowed down. When the constitution was made in 1973, there was no concept of caretaker governments.
Justice Ijaz-ul-Ahsan remarked that when the constitution was established, a strong election commission was formed, caretaker governments were included in the constitution only for the convenience of the election commission, conducting open elections is the responsibility of the election commission, lack of funds and security for the election commission. Can’t pretend to provide, the Electoral Commission doesn’t have the authority.
The Judicial Election Commission responded that they cannot ignore their constitutional powers.
Justice Ijazul Hassan asked that you tell me how the caretaker government of 90 days can last for four and half years, the constitution must be followed according to its spirit.
The Vakil Election Commission responded that the assemblies were dissolved in both Punjab and KPK provinces.
Justice Muneeb Akhtar remarked that the decision of the Election Commission for the Punjab elections was challenged in the Supreme Court, the Supreme Court gave its decision and you argue for reconsideration, you say that the KP assembly was also dissolved.
Vakil Election Commission said what I meant was that KPK and Punjab are 70% of the entire country.
Regardless of the government, open elections are the responsibility of the Election Commission: Justice Muneeb Akhtar
Justice Muneeb Akhtar, while asking, pointed out that if the Balochistan assembly is dissolved before the assembly, the constitution will not apply to it, no matter how many seats there are, the importance of each assembly is equal, regardless of the government, open elections are the responsibility of the election commission Yes, can the Election Commission say that elections will not be held in the presence of the elected government.
The election committee’s representative replied that the election committee cannot demonstrate disability through open elections.
Justice Muneeb Akhtar remarked that the Election Commission used to say that if funds and security are provided, elections will be held.
Vakil Election Commission replied that the date of October 8 was given as per the facts.
Justice Manab Akhtar asked and said that on September 8, the Election Commission should tell me what will happen if the election is not possible.
How long will elections continue to sacrifice democracy? Chief Justice
The Chief Justice remarked that he himself said that the soul of the Constitution is democracy. How long will we continue to sacrifice democracy by holding elections? Democracy has been sacrificed many times in history. You should be given a chance to express your opinion.
The chief justice remarked that the election committee’s decision only mentioned the lack of resources, when will the election committee say enough is enough, the elections will be held anyway, now the election commission is talking about politics, the turnout at 60 percent, despite security problems, the people of Balochistan voted.
If the election is delayed, the negative forces exert their power: Justice Umar Ata Bandial
The chief justice said in his remarks that if the elections are delayed the negative forces will assert themselves, how long will the court remain silent as the guardian of the constitution, how long can Article 224 be kept in cold storage.
Vakil Election Commission said the events of May 9 proved the Election Commission’s fears correct.
The chief justice pointed out that the court must speak about the principles of the constitution and not about the problems.
Justice Muneeb Akhtar pointed out that general election does not only mean national assembly election, there are five general elections in one election, what will the commission do if the prime minister and chief minister dissolve the assemblies after 6 months.
Justice Muneeb Akhtar said in his remarks that the Prime Minister and Chief Minister have veto power to dissolve the Assembly. Previous government comes to ensure that no party gets official support.
Justice Ijazul Hassan asked if the caretaker government can stay as long as it wants. Vakil Election Commission replied that the term of caretaker government will be decided according to the situation.
Justice Muneeb Akhtar pointed out that the Election Commission did not show any handicap in the elections, the Supreme Court also said that resources are needed, now the Election Commission says that elections are not possible.
Vakil Election Commission said this point was also raised in its written position.
The Chief Justice remarked that the Electoral Commission did not inform the President and the Governor of the facts, for two days they continued to argue for reconsideration of the case, which clause of the constitution will become ineffective in one-day elections.
The chief justice said that how can the leaders of the house be prevented from dissolving the assembly, if the system is strong all the elections can be possible separately, at present they are traveling in darkness with no destination in sight.
The Election Commission said it had given the date of October 8 only after seeing the political environment and had expressed its concern over what happened on May 9.
Justice Muneeb Akhtar stopped the Bar Selection Commission from speaking on May 9 and pointed out that it is not possible for anyone who suits you to take a stand, sometimes they give a date for the election, sometimes they say that the election is not possible. every turn EC takes a new position, you refer to previous court decisions, today’s situation is different.
The Legal Elections Commission replied that elections are not possible at the present time.
Justice Munib pointed out that you have arrived at the present situation from the constitutional principles, you should answer whether there can be separate elections for the five assemblies.
The lawyer replied that separate elections are possible if there are interim governments, separate elections are not possible at present, the election commission takes all government machinery from the government, if there is no neutral administration, how will there be transparent elections.
If we accept the Election Commission’s decision, there will be no elected federal government in the country
Justice Muneeb Akhtar pointed out that you are talking about influencing the election of the National Assembly, the members of the National Assembly can also influence the provincial elections, according to the constitutional principle you are talking about, the assembly is not dissolved. It should be, if the national assembly is dissolved first, can the provincial assembly be dissolved by the election committee?
The Bar Selection Commission argued that Article 224 provides a solution in such a situation.
Justice Muneeb Akhtar said Article 224 is for every assembly and not only for the federation. To which Vakil Election Commission replied that 20 by-elections were held in Punjab which were fully transparent.
The Chief Justice remarked that the court in concurrence of the Punjab Chief Minister and the Leader of the Opposition had ordered that the provincial government’s interference in the National Assembly elections can be stopped. If the Election Commission is transparent and strong, it can Now the court must clarify this principle, this problem can be solved administratively.
The Chief Justice remarked that the Electoral Commission should not accept the Ministry of Finance’s excuses, the Electoral Commission should receive a concrete explanation from the government, yesterday an additional grant of 20 billion was approved for members of the council, the Electoral Commission also only demanded 21 billion. It is good that MLA is getting funding.
The Chief Justice said that the Election Commission itself is inactive, there is a need to increase the efficiency of the Election Commission, the Election Commission has asked for 450,000 security personnel, four and a half lakh is the total operational force, while demanding that the Election Commission One should think, what is the army’s security needs? The army is only there symbolically for security, if the military personnel stop someone casually people stop, the polling stations that are sensitive or most difficult can delay the polling station.
The Chief Justice pointed out that do your homework and learn what is the difficulty with the Election Commission The Election Commission has full powers and can take action.
The chief justice remarked that the army had offered a rapid response force to the election commission, I think this force is enough, the intention of the constitution is for the government to be elected, apparently the date of October 8 was given only because of the National Assembly. The election commission is silently accepting what the government is saying.
The Vakil Election Commission responded that there is no reason to doubt the state authorities’ report, given the terrorist threats it had given the October 8 date.
The Chief Justice remarked that on what basis are they saying that the security situation will be fixed by October 8, this position was on March 22. What does the electoral commission think today when will the elections be held?
Vakil Election Commission replied that I can inform you by taking instructions, after the events of May 9, the situation will have to be reassessed.
How does the May 9 incident create problems for the elections? Chief Justice
The Chief Justice pointed out that extraordinary events took place on May 9, something should be done about these events, but how the May 9 incident creates problems for the elections.
Justice Ija-ul-Hassan remarked that in the cycle of the May 9 incident, you forget the purpose of the constitution.
Later, the Supreme Court of Pakistan adjourned the hearing of the election case to May 29.