Supreme Court resumes hearing on Punjab, KP elections suo moto

By Muhammad JuniadPublished On 24 Feb 2023

Supreme Court (SC) on Friday resumed hearing on suo moto notice over delay in the elections in Punjab and Khyber Pakhtunkhwa (KP).

The proceeding of the case commenced at 2pm on Thursday following a suo moto notice by Chief Justice of Pakistan (CJP) Umar Ata Bandial and resumed today.

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.

The top court issued notices to the president, parties part of the Pakistan Democratic Movement (PDM), the Election Commission of Pakistan (ECP), governors of KP and Punjab, and others.

Today’s hearing

Pakistan Peoples Party (PPP) lawyer Farooq H Naek raised objection on presence of Justice Sayyed Mazahar Ali Akbar Naqvi and Justice Ijazul Ahsan in the bench.

The coalition government parties including JUI-F and PML-N as well as Pakistan Bar Council (PBC) raised the same objection.

CJP said that they only wanted all stakeholders to mark their presence today while everyone will be heard on Monday.

CJP takes suo motu

The CJP took suo motu notice after a division bench of the top court referred the matter of delay in polls in both provinces to the top judge, asking him to invoke the jurisdiction.

In the notice, CJP Bandial said the top court’s bench would consider the following questions:

• 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?

• How and when is this constitutional responsibility to be discharged?

• What are the constitutional responsibilities and duties of the federation and the province with regard to the holding of the general election?