A three-member bench, headed by Chief Justice Qazi Faez Isa and comprising Justice Aminuddin Khan and Justice Athar Minallah, is hearing petitions filed by the Supreme Court Bar Association (SBCA) and others seeking directives to hold general elections within 90 days as stipulated by the Constitution.
During the hearing, Election Commission of Pakistan (ECP) lawyer, Sharjeel Sawati, said that elections will be held on February 11, as per Geo News.
After being questioned about wether they have consulted with the president of Pakistan on the date or not, the lawyer was instructed to consult with Arif Alvi today.
Chief Justice of Pakistan (CJP) Qazi Faez Isa on Thursday remarked that President Arif Alvi violated the Constitution by not giving a date for general elections.
At the outset of the hearing, Pakistan Peoples Party (PPP) counsel Farooq Naek told the court that his party had submitted the request to become a party in the case.
After this, PTI’s lawyer Ali Zafar started his arguments by saying that the party has limited its petition to only seeking timely elections.
“Elections must be held within 90 days after the dissolution of assemblies as per the Constitution,” he stressed. At this, CJP Isa said that the plea seeking polls within 90 days has then become ineffective.
“The court was told that it was impossible to hold polls within 90 days in the previous hearing,” he remarked.
Zafar then said that PTI only wants elections.
He further said that there won’t be any parliament and law if elections are not conducted.
“Giving a date and schedule of elections are two different things. President Dr Arif Alvi had written a letter to hold consultations with the ECP,” he remarked.
The CJP observed that the president had written in his letter that the court should look into the matter of elections.
“Is the president saying that court should take notice of the issue about elections,” he questioned.
At this, Zafar replied that the president had said that the court can also review the matter.
CJP Isa then said that the president did not give any date for elections in his letter. “Did the president not fulfil his constitutional duty,” he asked.
Zafar said that the president fulfilled his responsibility by consulting on the elections.
On this point, Justice Minallah asked why the president wrote the letter in September and not on August 15 after the assemblies were dissolved on August 9.
“Did the president only ask the Supreme Court verbally to take notice of the matter,” asked CJP. He further said that the head of state wrote the letter to the ECP and not to SC.
CJP Isa then questioned whether the apex court had the authority to give a date for polls. “Is it necessary for the president to consult the prime minister to give a date,” he inquired.
Zafar replied that consultations are not necessary as the president has his own constitutional duty to give a date.
During the last hearing, the SC had issued notices to the Election Commission of Pakistan (ECP) and the federal government for their input on polls within 90 days.
The ECP had earlier set the date for elections in Punjab on April 30, but then postponed them to October 8 — in Punjab as well as KPK.
PTI filed a plea in the top court against this decision.
On April 4, the SC had ordered the government and the ECP to hold elections for Punjab assembly on May 14 but both institutions said this would not be possible due to shortage of resources, including funds and manpower.
On September 21, the ECP announced that general elections will be held in the last week of January 2024. However, it did not issue a specific date.
The commission also published the preliminary constituency lists.
According to the ECP, objections to the preliminary constituency lists will be entertained until October 26, with hearings on these objections slated to run until November 25.
The final electoral rolls are scheduled for release by November 30, and within 54 days following this publication, the election commission has outlined the election timetable.
