SC hears arguments on who can announce the election date

Supreme Court of Pakistan Seeks Clarification on Holding Timely Elections:

The Supreme Court of Pakistan has sought clarification from the Attorney General of Pakistan (AGP) on the issue of timely elections. The court asked the AGP to assist in interpreting legal points related to the constitutional duty of the government to hold elections within 90 days of the dissolution of the assembly.

Controversy Over Prerogative of the President:

The case was brought to the court by advocate Akram Sheikh, who argued that the government was not fulfilling its constitutional duty by delaying the announcement of the election schedule. He contended that the president had the prerogative to announce the date of the polls if the duration of the assembly ended.

The government's counsel, Ali Zafar, however, argued that the Election Commission of Pakistan (ECP) was responsible for holding elections within the prescribed period, and the government was not bound to fix the date. He also claimed that the ECP was prepared to hold elections within the 90-day period.

The Court Seeks to Uphold the Spirit of the Constitution:

Chief Justice of Pakistan, Umar Ata Bandial, noted that holding elections within 90 days was in the spirit of the Constitution. Justice Sajjad Ali Shah also emphasized the importance of upholding the constitutional duty of the government.

In light of these arguments, Justice Munib Akhtar proposed that a 52-day margin should be kept whenever the government announces the date of the polls. This would allow for any unforeseen circumstances that could potentially delay the elections.

Pakistan Supreme Court hears arguments over presidential powers to call for elections:

Pakistan's Supreme Court heard arguments over the president's powers to call for elections during a hearing on February 28th. The hearing came in response to a petition filed by the opposition party, Pakistan People's Party (PPP), which requested that the court declare the federal government in violation of the constitution for not calling for elections in time.

The hearing centered around whether the president had the power to unilaterally call for elections or if the governor of the province had to do so on the advice of the chief minister. The court heard arguments from PPP's counsel, Latif Khosa, and the Attorney General of Pakistan, Khalid Jawed Khan.

The president's powers under the Constitution:

Justice Mandokhail noted that the Constitution does not explicitly state the president's powers regarding the announcement of election dates. He added that any action taken by the president must be in accordance with the law.

PPP's counsel, Latif Khosa, argued that the Constitution requires the government to hold elections within 90 days of the dissolution of the National Assembly. He contended that the government's failure to call for elections within the stipulated time was a violation of the Constitution.

On the other hand, Attorney General Khalid Jawed Khan argued that the president has the power to consult with the Election Commission of Pakistan and other stakeholders before announcing the date for elections. He further contended that the president could exercise his discretion to decide the date of elections.

Governor's power to call for elections:

The court also heard arguments on whether the governor of the province had the power to call for elections or if they needed to do so on the advice of the chief minister. PPP's counsel, Latif Khosa, argued that the governor had to follow the advice of the chief minister when calling for elections.

However, Zafarullah Khan Zuberi, the counsel for the Election Commission of Pakistan, argued that the governor had the authority to call for elections and was not bound to follow the advice of the chief minister.

The court reserved its judgment and stated that it would issue a detailed order after hearing all parties in the case. The case is being closely watched in Pakistan, as the decision will have significant implications for the country's political landscape.

Supreme Court of Pakistan Hears Case Regarding Election Date:

The Supreme Court of Pakistan recently held a hearing to determine who has the power to announce a date for the upcoming elections in the country. The case was filed after the Sindh High Court ruled that only the Election Commission of Pakistan (ECP) has the power to set a date for the polls.

Arguments by the Parties Involved:

During the hearing, the court heard arguments from various parties involved in the case. Zulfikar Ali Zuberi, the lawyer representing the petitioner, argued that the president has the power to announce the date for the election if the assembly's tenure expires. However, Chief Justice of Pakistan Gulzar Ahmed Bandial pointed out that holding elections within 90 days is the spirit of the Constitution and the court would ask the Attorney General of Pakistan (AGP) to assist it on the legal points.

Shehzad Ata Elahi, the AGP, argued that the president can only give a date for the election in case of the dissolution of the National Assembly or when polls are being conducted countrywide. He further stated that the ECP would not follow orders if the governor orders it to hold the election a day after the assembly's dissolution.

Decision by the Court:

The court suggested holding consultations between the governor and the ECP and announcing a date for the election the next day. The court also emphasized that everyone, whether it's the president or the governor, is bound by the Constitution and law.

Pakistan Election Date Case: Supreme Court Hears Arguments:

The Supreme Court of Pakistan recently heard arguments on the issue of whether the President or the Governor of a province has the authority to announce the date for the upcoming general elections. Here are the highlights of the proceedings:

AGP's Arguments:

During the hearing, the Additional Attorney General (AGP) argued that the President can only give a date for the election in case of the dissolution of the National Assembly or if polls are being conducted countrywide. He added that the duration of the election shouldn't be prolonged, and it should be held within 90 days.

The AGP further stated that the Constitution is supreme and does not allow the President to announce the date of the election. He added that the Lahore High Court had clearly said that conducting the elections and announcing a date for it was the Election Commission of Pakistan's authority.

The Court's Questions:

Justice Mazhar asked why Section 57 of the Constitution wasn't abolished if the President is not authorized to give the election date. He also inquired if anyone had challenged Section 57 for being contradictory to the Constitution. Moreover, the judge asked for the AGP's opinion on who had the authority to give the date.

Justice Akhtar stated that the Election Commission of Pakistan (ECP) has to decide the date for the election, and the Governor has to announce it. Meanwhile, CJP Bandial inquired under which clause of the Constitution, the ECP has been given the power to decide the poll date. Justice Mazhar replied that the ECP's authority starts after the announcement of the election date, as per the Constitution.

The Court's Observations:

The CJP remarked that the President had some democratic and some non-democratic powers over the date. He observed that the hearing of intra-court appeals in the Lahore High Court was being adjourned for long periods, and he questioned why such an important constitutional issue was being deferred for so long.

Justice Mandokhail interjected and wondered what the fight was about if everything was clear. He also asked if anyone had challenged Section 57 of the Constitution.

The court adjourned the hearing and will reconvene on another date to hear further arguments.

SC continues hearing on election date announcement: ECP authorized to give date, says AGP:

The Supreme Court (SC) of Pakistan has continued its hearing on the announcement of the date for elections by President Arif Alvi. The Attorney General of Pakistan (AGP) has argued that the Constitution does not permit the president to announce a date for elections, as the power to decide the election date rests with the Election Commission of Pakistan (ECP).

ECP authorized to give date, says AGP:

According to the AGP, the Lahore High Court had previously ruled that the ECP has the authority to conduct elections and announce the election date. Additionally, the AGP argued that elections were the responsibility of the Centre. Responding to the AGP’s statement, Justice Mandokhail said that no consultation was necessary for the ECP to announce the election date. However, Justice Akhtar asked where the roles of the governor and the president would go in this case.

ECP’s role is important under any circumstances:

The Chief Justice of Pakistan (CJP) has emphasized the importance of the ECP’s role under any circumstances. The CJP stated that according to one side, the president's role is central, while the other side maintains that it is consultative. The CJP further inquired whether the duration of the election campaign could be shortened. The ECP’s lawyer explained that the printing process of the ballot papers requires time, but the duration of the election campaign can be shortened up to two weeks.

Parliament could Pass a law and assign responsibilities:

Justice Mandokhail remarked that the Parliament could have passed a law and given the responsibility to someone for fixing the election date. The AGP argued that if laws were passed today, the Parliament would be mocked as incomplete. He also maintained that the ECP should announce the date of polls as the 90-day period was almost over.

Suo motu notice:

The SC had taken a suo motu notice of the apparent delay in the elections of the two assemblies on February 23. The notice was taken to assess who was eligible to issue the date for polls and who had the constitutional responsibility of conducting elections and when. After four judges of the bench recused themselves, a nine-member bench was reconstituted to hear the case.

The parliament has written in the Elections Act, of 2017, that the president can announce the date for polls. The SC will apply Article 254 where it is valid. The ECP had recommended a date to the governor, and the AGP contended that if the ECP’s dictation on the election date had to come from somewhere else, then the ECP could refuse to fulfill other responsibilities as well. The AGP has completed his arguments, and the ECP’s lawyer has started presenting the electoral body’s point of view.