ISLAMABAD, Nov 02 (APP): The Supreme Court on Thursday directed the Election Commission of Pakistan (ECP) to give the specific date for general elections by Friday after the consultation with the President.
The court instructed the Attorney General of Pakistan to arrange the meeting of ECP officials with the President on the same day.
The court said that it expected that all issues would be addressed by this meeting. It directed the respondents to inform the bench on Friday regarding the development and adjourned the case.
A three-member bench of the top court headed by Chief Justice of Pakistan Qazi Faez Isa and comprising Justice Amin Ud Din Khan and Justice Athar Minallah heard the petition seeking the holding of general elections in 90 days.
Earlier, during the hearing of the case, ECP’s counsel Sajeel Swati adopted the stance that the delimitation process in the country would be completed by November 30, and elections would take place on February 11, 2024.
The lawyer said that the ECP was willing to consult with the President in the shortest time without getting into the constitutional debate.
During the hearing, Justice Athar Minallah remarked that that the assemblies were dissolved on August 9, so why did the President write a letter to the ECP on September 2. Why did the President not write this letter on August 15, he asked.
Chief Justice Qazi Faez Isa questioned that did the President verbally ask the SC to take notice of the matter. Did he approach the top court under Article 186 with advisory jurisdiction, he asked.
The chief justice inquired about the letter of the President to the ECP regarding the date of general elections. PTI’s lawyer Barrister Ali Zafar read out the letter before the bench and said that it was unclear.
Addressing the PTI’s counsel, the CJP said that if he meant that the President had not fulfilled his constitutional responsibility by not giving the elections’ date. Whether the SC has the authority to give the date of elections under the Constitution. Should the court instruct the President, he asked.
Justice Isa said suppose the President didn’t announce the date, should we take contempt of court action on this count.
Chief Justice Qazi Faiz said that the ECP said that it had the authority to give the date under Section 57 of the Election Act. Whether the petitioner had challenged the amendment in Section 57 of the Election Act, he asked.
PTI’s lawyer Ali Zafar said that it was the responsibility of the ECP and the President to give a date for general elections.
Justice Athar Minallah said that the Constitution was clear that the elections date was to be given by the President. Every day would be considered a violation of the Constitution if elections were not held on November 7. He inquired why the Chief Election Commissioner declined to consult the President.
Lawyer Ali Zafar said that the Ministry of Law opined that the President cannot give a date for elections.
On the occasion, PPP’s lawyer Farouk H. Naek said that his party had also given the application to become a party in this case.
The top court later adjourned the case till Friday with these instructions.
