SC issues notices to ECP, Federation

The Supreme Court on Monday issued notices to the Election Commission of Pakistan and the Federation, noting that they could fix the date of election within 10 days and adjourned the hearing till Nov 2.

A three-member bench led by Chief Justice of Pakistan Qazi Faez Isa and comprising Justice Aminuddin Khan and Justice Athar Minallah heard the constitutional petitions regarding the delay in the general elections and holding the elections in 90 days.

The bench noted that President Arif Alvi did not fulfil his constitutional duty of giving the date of elections.

During the hearing, Chief Justice Isa raised questions about the constitutional responsibilities of the president regarding the conduct of general elections, saying that everyone had to follow the Constitution. “Has the president fulfilled his constitutional responsibilities in this regard?

“General elections is a very important matter. Did the President of the State use the constitutional authority to seek the opinion from the Supreme Court in the matter of General Elections?

“The President of the country has used this constitutional authority by seeking the opinion of the Supreme Court in other matters.”

Justice Athar Minullah remarked that there was an order in the Constitution to hold elections in 90 days and not to follow it was a violation of the Constitution.

CJP Isa said, “Article 6 is applicable for the violation of the Constitution.”

Supreme Court Bar Association Advocate Abid Zuberi sought annulment of the decision of the Council of Common Interests to approve the digital census data and the notification issued in this regard.

Pakistan Tehreek-e-Insaf (PTI) lawyer Ali Zafar, representing his client party Secretary General Umar Ayub, argued on the legal point related to holding general elections within 90 days of the dissolution of the assembly.

The chief justice replied that at this time, the petition should emphasises on one-point request to conduct elections in the country. “If the request is spread, the court will get confused in other things and the election will be delayed further.”

Petitioner Ibadur Rehman Lodhi appeared in person, saying that it was the power of the president to give the date of elections. “The court should issue an instruction to the President to give the date.”

CJP Isa said that the matter under consideration was not the interpretation of the Constitution as the Constitution was clear on holding elections. But if the petitioners wanted matters other than holding of elections to be taken up, the CJP said, they would require constitutional interpretation and as such would attract Section 4 of the Supreme Court (Practice and Procedure) Act, 2023, and a larger bench in terms thereof would have to be constituted.

Thereupon, all the learned counsels and the petitioners stated that they restricted their prayers in the petitions only to the holding of the general elections, and that they had no objection to the three-member bench hearing the petitions. The court then issued notices to the ECP and the Federation.

After a long hearing, the court declared that no one would be heard via video link in this case and adjourned the hearing till Nov 2.

Separately, the apex court is due to hear another constitutional petition, seeking general elections for the national and provincial assemblies on the same day on Tuesday (today).