Punjab, KP elections: Four judges recuse from hearing suo moto notice

ISLAMABAD: A nine-member larger bench of the Supreme Court (SC), hearing suo moto notice taken on the delay in the Punjab and KP elections date, has been dissolved on Monday after the recusal of four judges, reported ARY News. 

The government on Friday raised objection over the two judges of the Supreme Court (SC), hearing the case pertaining to the delay in the election date announcements for Punjab and Khyber-Pakhtunkhwa Assemblies.

At the outset of the hearing, Chief Justice of Pakistan (CJP) Justice Umar Ata Bandial remarked two judges on whose objections were raised by the political parties have recused themselves from the hearing of the case.

“Two more judges have also separated themselves from the 9-member larger bench.”

Justice Ijaz Ul Ahsan, Justice Sayyed Mazahar Ali Akbar Naqvi, Justice Athar Minallah and Justice Yahya Afridi recused themselves from hearing the case.

The CJP said the hearing of the case to continue for the interpretation of the constitution. The top judge observed that the dissenting note of Justice Mandokhel was leaked on social media even before the order of the hearing on the SC website.

Read more: Punjab, KP polls: PPP, PML-N raise objection over two SC judges

After the recusal of the four judges, a five-member bench including CJP Justice Umar Ata Bandial, Justice Jamal Mandokhel, Justice Mansoor Ali Shah, Justice Munib Akhtar and Justice Muhammad Ali Shah heard the case.

Zafar, the lawyer representing the speakers’, began his arguments and said that the Punjab chief minister had sent the summary for the dissolution of the assembly to the governor.

The governor was bound to dissolve the assembly, however, he did not and the Punjab assembly was automatically dissolved after 48 hours.

The lawyer said that no constitutional officeholder can delay elections for more than 90 days, and the 90-day period in Punjab started on January 14.

Justice Mandokhel asked whose job is it to decide the date for elections.

At this, Zafar said that a suo motu notice has been taken regarding a date for the elections. “Election Commission failed to respect the high court’s orders,” Zafar told the court.

“There is no such provision in the Constitution that justifies delay in the elections beyond the 90-day time limit,” remarked Justice Muhammad Ali Mazhar.

Justice Mazhar said that the Punjab governor threw the ball in the Election Commission of Pakistan’s (ECP) court.

President announces date

It is pertinent to mention here that 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.