Sindh passes resolution for polls on same date

After the recent controversy between the judiciary and the parliament on holding elections in Punjab and KP, the Sindh Assembly on Monday adopted a resolution to hold the elections of the national and provincial assemblies at the same time across the country under caretaker governments.

While the Pakistan Tehreek-e-Insaf (PTI) lawmakers protested against the resolution and staged a walkout, it found support from the Muttahida Qaumi Movement-Pakistan (MQM-P), the Grand Democratic Alliance (GDA) and other opposition members.

“Under Article 176 of the Constitution, the Supreme Court comprises of chief justice and other judges and power under Article 184 vests with the honourable Supreme Court of Pakistan not with only a particular judge,” stated the resolution.

The resolution, moved by Pakistan Peoples Party (PPP) Member of Provincial Assembly (MPA) Ghanwer Ali Isran, stated that the recent controversy over the Supreme Court’s decision to take suo motu notice on the issue of elections in Punjab and Khyber Pakhtunkhwa (KP).

“The recently a controversy has arisen due to a decision regarding the holding of elections in Punjab and KP wherein four honorable judges have dismissed the suo motu while three honourable judges have issued directions to the Election Commission of Pakistan. It is a settled principle of law that decisions are taken by majority and minority cannot prevail over the view of the majority,” the resolution said adding that it is in the interest of the sanctity that the majority should prevail.

Talking about the supremacy of the parliament, the resolution added that it was only the parliament which can amend the Constitution and the honourable judges through interpretation cannot insert words into the Constitution or rewrite the same.

“The spirit of the 18th Constitutional Amendment for the purposes of free and fair elections was to empower the Election Commission of Pakistan and have caretaker governments at the time of general elections. Therefore, to ensure the free and fair elections, it is imperative that elections for the national and provincial assemblies take place at the same time,” the resolution reads.

Earlier, as the resolution was moved in the house, the PTI MPAs stood up and protested. Leader of the Opposition Haleem Adil Shaikh and deputy parliamentary leader Khurrum Sher Zaman termed the resolution an attack on the judiciary and judges led by the chief justice of Pakistan.

They along with other party members chanted the slogans against the resolution in front of speaker’s podium and walked out of the session.

Khawaja Izharul Hassan of the MQM-P, while supporting the resolution, said that the party were neither against any judge nor were indulging in contempt of court. He added that elections must be held in the country in the same date.

Information Minister Sharjeel Inam Memon opined that the judiciary had made controversial decisions in the past while citing the judicial order to execute PPP founder Zulfikar Ali Bhutto or the decision to oust PPP PM Yousaf Raza Gilani. “Such decisions are no longer acceptable to the people of Pakistan,” he added.

Sindh Assembly also passed a resolution congratulating the people of Pakistan on the occasion of fifty years to the day when Pakistan passed its Constitution in 1973. The resolution, moved by Health Minister Azra Pechuho, called upon all political parties, civil society organisations, and other stakeholders to join hands in upholding and defending the Constitution.

Later, the House was prorouged for an indefinite period.

Published in The Express Tribune, April 11^th, 2023.