Supreme Court Suo Motu on Elections - All Details

Supreme Court directs consultation on election date in Punjab and KPK:

The Supreme Court of Pakistan has directed concerned political parties to hold consultations and decide on a date for elections in Punjab and Khyber Pakhtunkhwa. The directive was issued during a hearing of a suo motu notice taken by the apex court to investigate a delay in holding elections in the two provinces after the dissolution of the assemblies. The court sought to determine who had the authority to decide on the date of the polls.

Pakistan Tehreek-e-Insaf leaders Shireen Mazari and Fawad Chaudhry were directed to consult with their party chairman, Imran Khan, and coalition partners' lawyers to consult with their leaders and provide an update to the court by 4 pm on the decision.

Earlier, three ruling parties, the Pakistan Peoples Party (PPP), Pakistan Muslim League-Nawaz (PML-N), and Jamiat Ulema-e-Islam-Fazl (JUI-F), had jointly filed a plea for the formation of a full court to hear the suo motu notice taken by the Supreme Court. The plea was withdrawn after the five-member bench, headed by Chief Justice Umar Ata Bandial and comprising Justice Munib Akhtar, Justice Muhammad Ali Mazhar, Justice Shah, and Justice Mandokhail resumed the hearing of the case.

During the hearing, Naek withdrew the plea, stating that the coalition partners had jointly decided not to pursue it after the reconstitution of the bench.

The Supreme Court's intervention comes amidst political uncertainty in Pakistan as the country prepares for upcoming general elections. The delay in holding the polls has caused concerns among opposition parties, who have accused the ruling party of trying to manipulate the electoral process in their favor.

The directive from the Supreme Court to hold consultations and decide on a date for the elections in Punjab and Khyber Pakhtunkhwa is expected to bring some clarity and direction to the electoral process. However, it remains to be seen how the concerned political parties will respond and whether they will be able to reach a consensus on the date of the polls.

Attorney General Ready for Arguments:

The Supreme Court of Pakistan resumed the hearing of the suo motu notice on the delay in elections in Punjab and Khyber Pakhtunkhwa on Tuesday. At the beginning of the hearing, the attorney general for Pakistan stated that he was prepared to present his arguments.

Objection Raised on SCBA President:

During the hearing, the attorney general raised an objection to the Supreme Court Bar Association President Abid Zuberi, stating that his name had been removed from the judicial order. However, Chief Justice Umar Ata Bandial clarified that the court sees the SCBA as an institution and what is written in the court is not part of a judicial order until signed by the judges.

Zuberi Presents Arguments:

After this, Zuberi presented his arguments, stating that the Supreme Court had previously declared that elections should be held within 90 days. However, Justice Mandokhail pointed out that the presidents and governors were bound to follow the Cabinet's advice as per the Constitution and questioned whether the president or governors could set the election date on their own.

Authority to Set Election Date:

During the hearing of a suo motu notice on the delay in elections in Punjab and Khyber Pakhtunkhwa, Chief Justice Umar Ata Bandial sought clarification on who would issue the notification for the dissolution of the assembly. Supreme Court Bar Association President Abid Zuberi responded that the law secretary had issued the notification for the dissolution of the Punjab Assembly. However, Justice Muhammad Ali Mazhar added that where there is discretion, no one's advice is needed. The court discussed the exercise of discretion in deciding the election date and the role of the president and governors in following the Cabinet's advice as per the Constitution. The hearing also saw objections raised on the inclusion of names in the judicial oder.

Consultation on Election Date:

The Supreme Court directed the concerned political parties to hold a consultation and decide on a date for the elections in Punjab and Khyber Pakhtunkhwa and inform the court by 4 pm on the same day. The court seeks to determine who has the authority to set the date for the polls after the dissolution of assemblies.

Supreme Court seeks clarification on election date for Punjab and KPK:

The Supreme Court of Pakistan held a hearing on the delay in elections for the Punjab and Khyber Pakhtunkhwa provinces after the dissolution of their assemblies. During the hearing, Attorney General for Pakistan informed the court that he was ready to give arguments. He also objected to the removal of Supreme Court Bar Association President Abid Zuberi's name from the judicial order. However, Chief Justice Umar Ata Bandial stated that the court sees the SCBA as an institution, and what is written in the court is not part of a judicial order.

Clarification on Election Date:

Justice Munib Akhtar clarified that the 90-day period for holding elections starts immediately after the assembly's dissolution. During the hearing, Justice Shah raised the question of whether the caretaker chief minister could advise the governor on the election date. Abid Zuberi, the President of the Supreme Court Bar Association, replied that the caretaker government and the election date are announced simultaneously. However, when Justice Shah asked whether the governor could reject the caretaker government's advice, Zuberi explained that the caretaker setup is responsible for overseeing government affairs and not for determining the date of the polls, which is the governor's

Constitutional Matters:

Justice Mandokhail referred to the Saifullah case, stating that the 12-member bench, in that case, had declared the election process a must. He also said that Article 48 of the Constitution states that every act and step taken by the president would be on the government's advice. CJP Bandial seconded Justice Mandokhail's remark, saying that the decision on the date for the polls would be based on the advice under Article 48. Justice Akhtar remarked that the caretaker setup is appointed after seven days after the assembly's dissolution.

Issue of Notification:

Justice Mazhar said that in Punjab's case, the Ministry of Law had issued the notification, not the governor. He added that the government could still tell the governor to conduct elections as per the Constitution. Justice Shah wondered how the governor could refuse to conduct elections if he received the government's advice regarding the poll date. Zuberi stated that the caretaker setup was established in Punjab on January 22. Justice Mazhar also remarked that the government is not bound to give a date for the polls.