Tension mounts as Supreme Court set to announce verdict on Punjab, KP polls

Islamabad: The Supreme Court (SC) of Pakistan will announce its verdict today (Wednesday) at 11am in the suo moto proceedings regarding the announcement of a date for elections in Punjab and Khyber Pakhtunkhawa (KP)

The court had reserved its verdict yesterday.

The five-member bench headed by Chief Justice Umar Atta Bandial and comprising Justice Munib Akhtar, Justice Mansoor Ali Shah, Justice Muhammad Ali Mazhar and Justice Jamal Khan Mandokhail heard the case.

Earlier on Tuesday, the bench reserved the verdict after hearing lengthy arguments of both sides.

The apex court had earlier in the day asked the political parties to sit together and hold consultation regarding election date in Punjab and KP. The latest reports suggested that the political parties, however, could not reach the consensus.

The lawyer who was representing the Pakistan Muslim League-Nawaz (PML-N) asked the court to continue proceedings as the coalition partners required more time for consultation.

The top court last week had taken suo motu notice on delay in dates for elections in the provinces after President Dr. Arif Alvi announced the date for elections in both the provinces.

The Chief Justice of Pakistan (CJP) observed that they took notice to determine that who was eligible to issue the date for elections and who was responsible for all of this.

Initially a nine-member bench was formed but late four judges including Justice Ijaz Ul Ahsan, Justice Sayyed Mazahar Ali Akbar Naqvi, Justice Athar Minallah and Justice Yahya Afridi recused themselves from hearing of the matter and now a five-member bench led by CJP Bandial was hearing the case.

Besides this, PML-N, Pakistan Peoples Party (PPP), and the Jamiat Ulema-e-Islam (JUI-F) withdrew their plea for the formation seeking a full court bench after the reconstitution of the bench hearing the case.

During the proceeding, Attorney General for Pakistan (AGP) Barrister Shehzad Ata Elahi started his arguments and submitted that the president could give a date for the election only in case of the dissolution of the National Assembly.

The top law officer said that the other scenario in which the president could give dates for elections was when polls were being conducted countrywide.

At this, CJP Umar observed that the president's powers to make a decision at the discretion and on advice had a difference.

The AGP also argued that the Election Commission of Pakistan (ECP) would not follow the orders if the governor told it to hold the election a day after the assembly's dissolution.

The bench raised different questions about the role of the governor that the governor had to keep the election Act in view as well to which the AGP replied that the elections should be held in 90 days and the duration should not be prolonged.

The bench also asked the AGP whether the ECP could delay the election if the date was announced by the governor.

On it, the AGP submitted that the electoral body could ask for holding elections in 89 days if the governor orders conducting election on the 85th day after the dissolution of the assembly.

At this, Chief Justice observed that it was the reason that the governor had been bound to hold consultation with the ECP.

The CJP observed that whether it was the president or the governor, everyone was bound by the law.

At this, Justice Mazhar suggested holding a consultation between the governor and ECP and giving a date tomorrow.

At this stage, the court put off further hearing for an hour.

Later, as the hearing commenced, Barrister Shehzad started his arguments and submitted that the Constitution could not be interpreted through parliamentary legislation.

Elahi argued that the Constitution is supreme and it doesn't allow the president to announce a date of the election.

He also submitted that the Lahore High Court (LHC) had clearly said that conducting the elections and announcing a date for it was ECP's authority.

He also submitted that the elections were a "subject" for the Centre.

At this, Justice Akhtar said that the ECP has to decide a date for the election and the governor has to announce it.

Justice Mandokhail interjected and raised a question if everything was clear then what was the fight about?

Besides it, CJP Bandial remarked that the hearing of intra-court appeals in the LHC was being adjourned for 14 days. He asked: “Why was such an important constitutional issue was being deferred for long periods”?

The CJP, moreover, also questioned the clause of the Constitution that gave power to the ECP to decide the poll date.

On this, Justice Mazhar observed that the ECP's authority starts after the announcement of the election date, as per the Constitution.

The top judge remarked that the president had some democratic and some non-democratic powers over the date.

At this, Justice Mazhar asked why don't abolish Section 57 if the president is not authorized to give the election date. He continued asking if anyone had challenged Section 57 for being contradictory to the Constitution.

The judge also asked for the AGP's opinion that who had the authority to give the date.

Responding to the query, AGP Elahi said that the ECP had the authority to give a date for the election.

In response to AGP’s comment, Justice Mandokhail stated: “No consultation was needed if the ECP had to announce the date”.

Justice Akhtar, however, asked where the governor and president role would go if that was the case.

The other members of the bench made some observations regarding the role of the ECP and the significance of the rule of law.