Election case: SC asks ECP to consult president on final election date

ISLAMABAD: The Supreme Court (SC) on Thursday directed the Election Commission of Pakistan (ECP) to consult the president of Pakistan on final election date in the country, ARY News reported.

A three-member bench led by Chief Justice Qazi Faez Isa and comprising Justice Aminuddin Khan and Justice Athar Minallah heard the pleas seeking timely elections within 90 days of the dissolution of the assemblies.

The petitioners in the case, including the Supreme Court Bar, the PTI and others pleaded that the general elections in the country should be held within 90 days of the dissolution of the assembly by the Constitution.

Hearing

At the outset of the hearing, the Pakistan People’s Party (PPP) moved a plea to become a respondent in the case through Farooq H. Naek. The plea was accepted by the SC.

PTI’s lawyer Barrister Ali Zafar said as per the constitution of Pakistan elections should be held within 90 days after the dissolution of assemblies.

CJP Justice Qazi Faez Isa remarked the plea has now become ‘ineffective’, to which Barrister Ali Zafar said they are talking about basic human rights.

“Now you only want the election date,” CJP asked the PTI lawyer.

Barrister Ali Zafar replied to the top judge in “Yes” and added following the dissolution of assemblies elections are to be held on November 7. Ministry of Law and Justice has said the president cannot announce the date for elections after enforcement of the Election Amendment Act, said.

Upon being asked by CJP Qazi Faez Isa, PTI lawyer said President Arif Alvi sought ECP’s opinion on the election date through a letter.

CJP then asked if has president sought SC’s opinion on the matter. No, he did not, Ali Zafar replied. “What can we do if the President didn’t give the election date? Can we issue notice to him,” the chief justice questioned.

On this point, Justice Minallah asked why the president wrote the letter in September and not on August 15 after the assemblies were dissolved on August 9.

Justice Minallah remarked that apparently, it looks like the Election Commission of Pakistan, the government, and the president are ‘responsible’ for delaying elections.

Now the question arises what will be the repercussions?

Elections to be held on Feb 11, says ECP’s lawyer

During today’s hearing the Election Commission of Pakistan (ECP) lawyer informed the Supreme Court that the general elections in Pakistan will be held on February 11, 2024.

“Elections in the country will be held in the country [after] completion of delimitation on November 30,” ECP’s lawyer Sajeel Swati told the three-member bench.

The ECP’s lawyer, while sharing the schedule with the apex court, said that all arrangements including delimitation will be completed by January 29.

Explaining the delimitation process, the lawyer said it would take them 3 to 5 days to issue the final lists. He added that if 54 days are counted from December 5 then we get January 29 date.

The lawyer said that the ECP was looking to hold the polls on Sunday to make it easier for the people to participate in the elections. He added that under this plan the first Sunday would have fallen on February 4 and the second would be on February 11.

“We decided on our own that elections should be held on Sunday, February 11,” said the lawyer.

On hearing this, CJP Isa directed the lawyer to ask the chief election commissioner to consult the president and get back to the court.

The CJP also told the ECP that once the date is announced the Supreme Court will consider that it is written on stone.

Order of today’s hearing

A three-member SC bench in its short verdict directed the ECP to hold a consultation with President Arif Alvi on the announcement of the election date and get back to the court.

The verdict further said that SC wanted a solution to the issue without being trapped in the technical aspects.

“Pick up your phone, call the president’s military secretary and meet the head of the state today,” the SC directed the ECP lawyer in the verdict.

The SC made it clear that whatever date is agreed it will be considered as final. The final announcement of the general election date will be made by the Supreme Court tomorrow, the SC verdict said.