Whether ECP can extend elections date or not: CJP questions

Islamabad: The hearing of the case related to the general elections of Punjab and Khyber Pakhtunkhwa Assemblies is ongoing in the Supreme Court of Pakistan (SCP) on Tuesday.

According to details, a five-member larger bench consisting of Justice Ijaz-ul-Ahsan, Justice Muneeb Akhtar, Justice Aminuddin Khan and Justice Jamal Mandukhel headed by Chief Justice Umar Atta Bandial is hearing the case.

The Chief Justice said that they do not want to prolong the proceeding, the simple question is whether the Election Commission of Pakistan can advance the date of elections or not?

Justice Umar Ata Bandial said Additional Attorney General had raised a point to make political parties a part, adding that “The rule of law is essential for democracy, democracy cannot run without it, if the political temperature is so high, the problems will increase”.

The Attorney General said that two Supreme Court judges gave the verdict first, on which the Chief Justice said: “At this time the question is not about the decision but about the authority of the Election Commission”.

To which Attorney General replied that if the court decision was four to three, then there is no order which was violated.

If there was no court order, then the President could not even give the date, the court order of March 1 should be fixed first. In the present case, the plea is the execution of the judgment.

The Chief Justice remarked that the members of the bench are sitting to examine the question raised in the petition, your reliance is on a technical point, and jurisdiction of the Supreme Court is not limited to the petition, at that time the case is to be dated and not to be quashed, adding that “Elections are essential for democracy”.

The CJP further said that it is to be examined whether the given date is legal or not. Who is the Election Commission or anyone else who can dictate whether the assembly can be dissolved or not?

Objecting to the arguments of the Attorney General, he said: “The decision of two judges is not related to this case, the majority of the decision can be reviewed later, for now attention should not be diverted from serious matters”.

On this occasion, Attorney General Mansoor Usman Awan requested to form a full court and said that the request is that this is an important matter and if the bench deems it appropriate to form a full court.

The Chief Justice while talking to the Attorney General said: “Do not spoil the matter on technical grounds, the decision of the Supreme Court of March 1 has been implemented, this matter should not be taken up again and presented in the court”.

Justice Jamal Khan Mandukhel remarked that the decision of the Supreme Court on March 1 is based on how many members, it is an internal matter of the Supreme Court, tell me whether holding elections in 90 days is a constitutional requirement or not, can the Election Commission cancel the election date?

During the hearing, Justice Jamal Mandukhel inquired whether there are funds allocated for elections in the budget. If there are no funds. So the procedure for taking funds is listed in the constitution.

The Chief Justice remarked that I am grateful to Justice Jamal Mandukhel for clearing the matter, people are standing in queues for flour.

“Pakistan Tehreek-e-Insaaf (PTI) and the government have the responsibility to improve the situation in the country, respect for all national institutions is mandatory, Umer Atta stated.

Advocate Ali Zafar on behalf of PTI said that every institution should work within its constitutional limits.

On this the Bandial said that such behavior is also expected from your top leadership, PTI has to take the initiative because they have approached the court. There is violence and intolerance in the country, look at the economic situation, there are lines for flour, think of these people instead of fighting with each other.

Ali Zafar said that if the elections are delayed, the crisis will increase further.