In 90 days, the SC orders elections in Punjab and K-P

ISLAMABAD: The Chief Justice of the Supreme Court ruled on Wednesday that elections in Punjab and Khyber-Pakhtunkhwa (K-P) must take place within the next ninety days because “democracy cannot exist without assemblies.”

The court also decided that Punjab would be subject to President Arif Alvi’s directives, while K-P would not.

The court ordered that the governor must declare the election date if the legislature is dissolved.

The president and the Election Commission of Pakistan (ECP) must announce Punjab elections following consultation, the top court ruled simultaneously.

The verdict was split 3-2 with Justice Mansoor Ali Shah and Justice Jamal Khan Mandokhail dissenting with the majority. Chief Justice of Pakistan (CJP) Umar Ata Bandial, Justice Munib Akhtar and Justice Muhammad Ali Mazhar supported the ruling.

The dissenting note maintained that the suo motu was not maintainable.

The bench led by Chief Justice of Pakistan Umar Ata Bandial concluded the two-day-long proceedings in the suo motu case on Tuesday. Concluding the hearing, the bench reserved the verdict and said it would be announced before 11am Wednesday (today).

The top justice declared at the hearing on Tuesday that they were there to protect the Constitution, not any particular party. He replied, “We cannot abandon the Constitution, and we cannot override the Constitution.

Previously, the chief justice had formed a nine-member bench to hear the suo motu notice over the delay in the announcement of provincial elections in Punjab and K-P since their dissolution earlier this year.

At the outset of the hearing on Monday, Justice Ijazul Ahsan and Justice Sayyed Mazahar Ali Akbar Naqvi recused themselves as questions were raised on their presence on the bench.

When expressing their views on the maintainability of the petitions on the subject, two further judges, Justice Afridi and Judge Minallah, withdrew from the proceedings.

The matter is referred to the Hon’ble Chief Justice for the reconstitution of the Bench, according to a court order signed by nine judges. “Keeping in view the order dated 23.02.2023 and the additional notes attached thereto by four of us (Justice Syed Mansoor Ali Shah, Justice Yahya Afridi, Justice Jamal Khan Mandokhail, and Justice Athar Minallah), as well as the discussion/deliberations made by us in the ante-Room

In his letter, Judge Minallah, who did not recuse himself, pushed for the convening of the entire court to hear this case. Judge Afridi agreed, saying that the chief justice should decide whether or not to keep him on the newly constituted bench.