SC bench resumes suo motu notice hearing on election dates
The Supreme Court of Pakistan resumed its hearing on Tuesday regarding the suo motu notice on the delay in the announcement of dates for elections in Punjab and Khyber Pakhtunkhwa.
The case is being heard by the five-member bench, which is headed by Chief Justice of Pakistan (CJP) Umar Ata Bandial and includes Justices Munib Akhtar, Muhammad Ali Mazhar, Justice Shah, and Justice Mandokhail. The purpose of the hearing is to determine when and who is obligated by the constitution to hold elections.
Following criticism from the government regarding President Arif Alvi’s announcement of the election date, the suo motu notice was issued on February 23.
A nine-member bench was initially established, but four judges recused themselves, and the Supreme Court published a written order with dissenting notes on its website.
CJP Bandial stated at the previous hearing that the Elections Act of 2017 clearly states that the president can announce the election date.
It is anticipated that the hearing will end today.
The nine-member Supreme Court bench that was hearing a crucial suo moto case about election dates in Punjab and KP was disbanded after four judges recused themselves to ensure an impartial decision.
PPP, JUI-F, PML-N, and the Pakistan Bar Council (PBC) were among the coalition parties that objected to the bench’s inclusion of Justices Sayyed Mazahar Ali Akbar Naqvi and Ijazul Ahsan.
Due to the delay in the elections in two provinces, they demanded that two judges withdraw from the bench hearing the suo motu case.
CJP takes suo motu notice The CJP took suo motu notice after a division bench of the top court asked the top judge to invoke his jurisdiction over the issue of poll delays in both provinces.
CJP Bandial stated in the notice that the bench of the highest court would consider the following questions:
In the various scenarios envisioned by and under the Constitution, who is in charge of appointing the date for the holding of a general election to a provincial assembly upon its dissolution?
When and how will this constitutional duty be carried out?
With regard to the holding of the general election, what are the constitutional responsibilities and obligations of the province and the federation?
