The Supreme Court denied the ex-governor’s attorneys’ request for a full bench to hear the Suo Moto proceeding on February 27.
Nine Judges holding a larger bench were supposed to resume the matter but 4 judges recused themselves based on conflicts and other reasons due to which only 5 judges including Chief Justice Umar Ata Bandial, Justice Syed Mansoor Ali Shah, Justice Munib Akhtar, Justice Jamal Khan, Justice Muhammad Ali Mazhar.
The matter in dispute began with the dissolution of two provincial assemblies; Punjab and KPK. The Chief Minister of Punjab issued a summary for the dissolution of the Assembly on 12th January upon which the Assembly stands dissolved on 14th January while the KPK chief Minister wrote a letter on 17th January and dissolution was made by the governor on 18th January. The conduct of the PTI provincial government was challenged in the Lahore High Court concerning Punjab Assembly and a decision was issued in 16 days for the elections to be held in 90 days. The election commissioner despite of appeal was obliged to hold the election since the stay of the order, was not obtained. When the contempt application was filed in February 2022 in Lahore High Court. Election Commissioner wrote a letter to the governor to issue a date for an election, whereas the governor replied with a distinctive remark that he never dissolved the assembly. The matter refers back to Election Commissioner. In those overall matters, President of Pakistan Arif Alvi wrote a letter to Election Commissioner inviting him to the meeting to decide the election date. When Election Commissioner Failed to reply even after 10 days President announced the election date to be April 9 which the office announced in pursuance to Section 57 (1) of the Elections Act, 2017. Furthermore, President Alvi asked the Election Commission of Pakistan (ECP) to “issue election program under Section 57 (2) of the Act”.
The Supreme Court while looking at the matter prevailing before it and to resolve the uncertainty in the conduct of office holders and politicians Questions, of Whether the election can be delayed more than 90 days to which Barrister Ali Zafar representing PTI replied that the election cannot be delayed even one hour more than 90 days as per the constitution. Further Justice Muhammad Ali Mazhar said that there is no legislation apprehending, supporting, or concerning 90 delays. Barrister Ali Zafar said the court can issue a date to the governor and election commissioner for holding an election to which ex-speaker Punjab assembly Lawyer said that holding an election is the responsibility of the election commissioner. In article 105 (3) it has been clearly demonstrated that when assemblies are dissolved a caretaker government is set up and the governor has to issue a date for the election. A caretaker cannot issue notifications and appointments as has been done in the past, his only duty is to look for the government until the election. Scheduling an Election date is the duty of the election commissioner under Article 218. Justice Muhammad Ali Mazhar asked who appoints the caretaker chief minister whereas according to the 22 January notification Election Commissioner has appointed the acting chief minister, in addition, he said the Lahore High court decision is very clear. Chief Justice remarking on the final decision of the day sets out that in constitutional interpretation delay cannot be made since it is the question of constitutional implementation carrying the highest significance, therefore, deciding the question in dispute that if the governor is not issuing date then who will and whose responsibility will it be and what will be the responsibility of federal government will all be Finally decided tomorrow.
