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

Chief Justice of Pakistan Umar Atta Bandial Wednesday took suo motu notice of the delay in elections in Punjab and Khyber Pakhtunkhwa, reported 24NewsHD TV channel.

CJP has formed a nine-member larger bench for the hearing tomorrow.

CJP Bandial will head the larger bench that also includes Justice Ijazul Ahsan, Justice Mansoor Ali Shah, Justice Muneeb Akhtar, Justice Yahya Afridi, Justice Mazahar Ali Akbar Naqvi, Justice Jamal Khan Mandokhel, Justice Muhammad Ali Mazhar and Justice Athar Manullah.

The questions referred for the consideration of the Hon’ble Bench if so deemed appropriate are, inter alia, as follows:

a) Who has the constitutional responsibility and authority for appointing the date for the holding of a general election to a Provincial Assembly, upon its dissolution in the various situations envisaged by and under the Constitution?

b) How and when is this constitutional responsibility to be discharged?

c) What are the constitutional responsibilities and duties of the Federation and the Province with regard to the holding of the general election?

CJP directed to register an appropriate Suo Motu Case in the above terms and fix the same along with the petitions pending in
the Court and fix the same before the Hon’ble Bench on 23.02.2023 at 2:00 pm.

The apex court’s suo moto notice came after Punjab and KP governors refused to set the date for elections while the Election Commission of Pakistan also failed to reach a decision. President of Pakistan Dr Arif Alvi has used his constitutional right under Article 57-1 of the Election Act 2017 to set April 9 as the date for holding the general elections.

However, the ECP is still pondering whether to accept the presidential decree or not and had sought legal opinion from the Advocate General of Pakistan. AGP also gave verbal opinion to the ECP suggesting that after the passage of the 18th amendment, the power to announce the date for elections in the provinces lies with governors instead of the president.

However, he refused to give his opinion in the writing.

Reporter: Amanat Gishkori