CJP takes suo motu notice of ‘delay’ in Punjab, KP elections

ISLAMABAD: Chief Justice of Pakistan (CJP) Umar Ata Bandial has taken a suo motu notice of delay in elections for Punjab and Khyber Pakhtunkhwa (KP) assemblies, ARY News reported on Wednesday.

According to a statement by the Supreme Court, CJP Umar Ata Bandial took the notice on a note issued received from apex court registrar. “It was learnt that a month has been passed since the dissolution of two provincial assemblies”, CJP said.

It said the CJP would head a nine-member bench presiding over the hearing for the case tomorrow (Thursday).

The bench comprises the CJP, Justice Ijazul Ahsan, Justice Syed Mansoor Ali Shah, Justice Munib Akhtar, Justice Yahya Afridi, Justice Sayyed Mazahar Ali Akbar Naqvi, Justice Jamal Khan Mandokhail, Justice Muhammad Ali Mazhar and Justice Athar Minallah.

In a statement, the apex court said the bench will assess who is eligible to issue the date for polls, the constitutional responsibility of Centre and provinces, and who will fulfil the constitutional responsibility of conducting elections and when.

The statement noted that the two provincial assemblies were dissolved on January 14 and 18, respectively. “Under Article 224 (2), polls should be held within 90 days of the assembly dissolution. The Constitution mandates that polls be held within 90 days.”

The apex court also said that requests for the date of elections were also received from the Islamabad High Court bar, and speakers of KP and Punjab assemblies.

CJP Bandial, in the statement, said that the president had taken the position that he had the authority and responsibility for fixing a date, and had announced that polls would be held on April 9.

“It seems prima facie that even the matter of appointing the date of the general elections, which is the first step towards the holding of the elections, has still not been resolved,” he said.

He noted that statements attributed to the electoral watchdog showed that it was not being provided the “requisite assistance and support, in particular by the provision of necessary funds, personnel and security, as would enable it to hold the general elections in accordance with the Constitution”.

In light of the above, the CJP said: “I am of the view that the issues raised require immediate consideration and resolution by this court. Several provisions of the Constitution need to be considered, as also the relevant sections of the Elections Act”.

“These matters involve the performance of constitutional obligations of great public importance apart from calling for faithful constitutional enforcement,” the CJP said.

The development came after President Dr Arif Alvi announced April 9 as the date for holding general elections for Punjab and Khyber Pakhtunkhwa (KP) assemblies. The announced the date under section 57(2) of the constitution.

In a letter written to Chief Election Commissioner (CEC) Sultan Sikandar Raja president Arif Alvi said the constitution does not allow to exceed 90 days for holding elections after the dissolution of assemblies and he has taken the oath to defend and protect the constitution.

The letter stated that ECP and governor KP and Punjab are not fulfilling their duties to hold elections within 90 days and the president has announced an election date to avoid violation of the constitution.

He said that both the constitutional offices are placing the ball in each other’s court, which is resulting in delay and creating a serious danger to the constitution. President Arif Alvi said that it is ECP’s responsibility to hold the election in 90 days and he started the process of serious consultation on the election date.

It is pertinent to mention here that the Punjab and KP assemblies were dissolved on Jan 18 and Jan 14, respectively, after former prime minister Imran Khan had announced to dissolve assemblies in an attempt to force the government to hold snap polls.

As per the Constitution of Pakistan, polls need to be held for the dissolved assemblies in 90 days.