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Islamabad: (Web Desk) Punjab, Khyber Pakhtunkhwa (KP) In the case of automatic election notification, the Supreme Court has ordered to hold elections in both provinces within 90 days.
Chief Justice Umar Atta Bandyal delivered the reserved order last day.
The Supreme Court in its verdict has ordered to conduct the elections in Punjab and KP within 90 days.
In the judgment, two members of the five-member bench objected to the admissibility of the petitions, Justice Mansoor Ali Shah and Justice Jamal Mandukhel dissenting from the judgment.
The Supreme Court says that the procedure for general elections is different, 60 and 90 days have been given for elections in the constitution, elections must be held within 90 days of the dissolution of the assembly, in the absence of the signature of the governor of the Punjab assembly. Dissolved itself in 48 hours while the KP Assembly was dissolved on the Governor’s approval.
The judgment says that the governor is given powers under the constitution in three cases, under article 112 the governor dissolves the assembly on the advice of the chief minister, article 222 of the constitution says that elections are subject to the federation, the electoral law gives the governor and the president elections. If the governor dissolves the assembly, the governor will also announce the date. If the Governor does not dissolve the Assembly, the President will dissolve the Assembly under section 57.
The Supreme Court says that the President has the authority to announce election dates, the constitutional responsibility to announce election dates is that of the Governor, Governor KP deviated from the constitutional responsibility by not announcing election dates. The Commission should immediately recommend the date of election to the President, after consultation with the Election Commission, the President of Punjab should announce the date of the election.
The Supreme Court has ordered that all federal and provincial institutions should support the Election Commission for the elections, the Federal Election Commission should provide all the facilities for the elections, the court will treat these petitions related to the elections as admissible.
The Chief Justice also read out the dissenting notes of Justice Mansoor Ali Shah and Justice Jamal Mandukhel.
A two-member bench of the Supreme Court had sent the matter to the Chief Justice for suo motu notice in the Ghulam Mehmood Dogar case on February 16. A bench was formed.
The ruling alliance raised objections against the 2 judges who were part of the 9-member larger bench, following which Justice Ijazul Ahsan and Justice Mazahir Naqvi resigned from the bench and Justice Yahya Afridi and Justice Athar Manullah also withdrew from the 9-member bench.
After the 9-member bench was broken, the Chief Justice of Pakistan reconstructed the bench and made it 5-member.
A 5-member bench headed by Chief Justice of Pakistan Umar Atta Bandyal held two hearings.
Yesterday, the arguments of the parties’ lawyers concluded in a long hearing of seven hours, Speakers’ lawyer Ali Zafar and Supreme Court lawyer Abid Zubiri gave arguments, Awami Muslim League’s lawyer Azhar Siddique gave arguments, Attorney General Shahzad Attaalahi and Election Commission Sujeel Shehryar’s lawyer also gave arguments.
Governor KP’s lawyer Khalid Ishaq, PPP’s lawyer Farooq H. Naik, Muslim League-N’s lawyer Mansoor Awan, JUI’s lawyer Kamran Murtaza, President’s lawyer Salman Akram Raja, Governor Punjab’s lawyer Mustafa Ramde and Advocate General Punjab Shan Gill also attended.
All the judges of the Supreme Court who were part of the bench said in their comments yesterday that the election under the constitution will be held in 90 days.
The Chief Justice said that no constitutional body can extend the election period, if the elections are not held on time there will be no stability in the country, no constitutional body except the court has the power to extend the election period, the judiciary should also give concrete reasons for extending the period
The chief justice asked the political parties to consult among themselves, after which PPP’s lawyer Farooq H. Naik said their party leaders say it is not the business of political parties to set dates for elections, PML-N’s lawyer Mansoor Awan said. said the general election will be affected by elections in two provinces.