ISLAMABAD: A Supreme Court (SC) bench has asked Chief Justice of Pakistan (CJP) Umar Ata Bandial to take suo motu of the delay in announcement of date for elections in Punjab, ARY News reported on Thursday.
According to details, a two-member bench consisting of Justice Ijazul Ahsan and Justice Mazahar Ali Akbar Naqvi heard a petition against the transfer of Ghulam Mahmood Dogar as the Lahore capital city police officer (CCPO).
During the hearing, the Supreme Court sought a detailed report from Chief Election Commissioner (CEC) Sikander Sultan Raja regarding the obstacles in the way of the Punjab elections.
The bench referred the matter to CJP Umar Ata Bandial to take suo motu, saying that the delay in provincial assembly elections was a violation of the Constitution. “Upholding the Constitution is our constitutional, legal and moral duty,” the SC said, warning of violation of fundamental rights.
Justice Ahsan observed, “The Constitution obliges to hold elections within 90 days. It is the election commission’s responsibility to hold elections.”
He further said that the “caretaker government cannot make appointments and transfers”, adding that if it intended to make a transfer, it should “submit a request with concrete reasons”.
The Supreme Court also directed CEC Raja to submit a detailed report about the obstacles the electoral body was facing in holding the elections and adjourned the case’s hearing till Friday (tomorrow).
The Punjab and KP assemblies were dissolved on Jan 18 and Jan 14, respectively, after former prime minister Imran Khan had announced to dissolve assemblies in an attempt to force the government to hold snap polls.
As per the Constitution of Pakistan, polls need to be held for the dissolved assemblies in 90 days.
It is pertinent to mention here that the Lahore High Court (LHC) had ordered the Election Commission of Pakistan (ECP) to organise elections in Punjab within three months.
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The LHC’s Justice Jawad Hassan announced the reserved verdict on Pakistan Tehreek-e-Insaf’s (PTI) petition seeking the court orders for Punjab by-polls.
In a 16-page short verdict, the high court ordered the election commission for organising by-polls in Punjab within 90 days.
The LHC directed the electoral watchdog to issue the election schedule in accordance with the Constitution.
It further stated that the elections should be conducted within 90 days after the dissolution of the assembly in accordance with the Constitution.
President Alvi asks ECP to announce polling date
Meanwhile, President Arif Alvi asked the Election Commission of Pakistan (ECP) to immediately issue the election schedule for Punjab and Khyber Pakhtunkhwa provincial assemblies.
In a letter addressed to Chief Election Commissioner Sikandar Sultan Raja today, President ArifAlvi said that the election of an assembly is to be held within 90 days of the dissolution as provided by Article 224(2) of the Constitution.
He highlighted that the conduct and holding of elections was the primary and essential duty of the ECP as per PART VIII of the Constitution, particularly Article 218 (3) which assigned the duty to the ECP to ensure the holding of fair and free elections.
He conveyed that it was ultimately the Commission, which if it failed to discharge its functions and duties, was to be held responsible and answerable for the violation of the Constitution of the country.
Raja Mohsin Ijaz is ARY News' Special Correspondent covering Foreign & Diplomatic Affairs from Islamabad
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