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Judge Jamal Mandukhel said the first question is who will give the history? The rest will be discussed only when the date for the election commission comes. If the law was clear about the issue of providing history, we would not be standing here today.
Holding elections in 90 days is the spirit of the constitution
Chief Justice Umar Atta Bandyal observed that holding elections in 90 days is the spirit of the constitution. . There is a difference between the president’s discretionary and advisory powers. Justice Muneeb Akhtar said the 90-day period begins with the dissolution of the assembly. What is the need of wasting time after the assembly is dissolved.
Justice Mansoor Ali Shah asked if the caretaker chief minister could advise the governor to give the date of the elections. Can the governor overrule the advice of the interim government? President of the Islamabad High Court Bar Association, Abed Zubiri, said that the election date and the interim composition are announced together. The power to give the date of the elections rests with the governor and not the caretaker chief minister.
Abid Zuberi said in his arguments that the Supreme Court had in the past declared that the elections should be held in 90 days. Abid Zuberi said that the election date and superintendent posting are announced together. The power to give the date of the elections rests with the governor and not the caretaker chief minister. It has not been posted for so many days.
The Chief Justice asked if you are saying that the government is not fulfilling its constitutional responsibility. Conducting elections in 90 days is the spirit of the constitution. Justice Muhammad Ali Mazhar said that whenever the governor gives a date, a margin of 52 days will be kept.
Under which law does the president write letters?
Abid Zuberi told the court that the President of the State had written letters for consultation, after which Judge Mansoor Ali Shah asked under which law the President of the State was writing letters. The constitution does not mention consultation. The transitional government may also ask to give a date. Justice Jamal said in his remarks that the powers of the President are not directly stated in the Constitution. There are no powers in the constitution, then we will act according to the law. If the accepted law allows the president, then the president is bound by the council.
Justice Muhammad Ali Mazhar asked that if the governor does not give the date, the president is also bound by the councils, so how will the election be held? If the Prime Minister does not give advice, the President cannot exercise powers under the Elections Act. The Assembly delegated the authority to the President with the Electoral Law. Abid Zuberi said that there is no need for advice on the use of delegated powers. In any case, the election should be held within 90 days.
The Attorney General said the President can only give a date for elections when the National Assembly is dissolved. Otherwise, the president can only give the date if there are statewide elections. If the governor requests elections the day after the dissolution of the Assembly, the Election Commission will not agree. Elections should not be held for more than 90 days.
Judge Muneeb Akhtar inquired whether the duration of the election campaign could not be reduced, to which the lawyer Election Commission replied that it takes time to print the ballots. The duration of the election campaign can be up to two weeks. Justice Munib said it was more important to follow the constitution.
The Attorney General said that if the election had to be held within 90 days, then the 1988 election would be in doubt. The election for 2018 was held after a certain time. Judge Jamal Mandukhel said the first question is who will give the history? The rest will be discussed only when the date for the election commission comes. If the law was clear about the issue of providing history, we would not be standing here today.
It is the responsibility of the Election Commission to mobilize for elections
Chief Justice Umar Atta Bandyal said it was the responsibility of the Election Commission to be active during the elections. It was the Electoral Commission’s job to approach the governors again with full preparation. According to the Khyber Pakhtunkhwa governor, the date should be fixed with reference to other institutions. Have you spoken to Governor KP about the date?
The election commission’s lawyer said the election commission met the governor on a court order. A reminder letter was also written to Governor K.P. The KP governor did not give a date for the consultation and asked to go to other institutions.
Lawyer Governor KP said that the Governor dissolved the Assembly on the advice of the Prime Minister. If the governor dissolves the assembly, he is empowered to give the date. The Election Commission has asked the governor to call on the provincial government on February 3. The election commission also mentions its difficulties in the letter.
Elections must be held
The President of Justice said that according to the Constitution, the system must not be paralyzed. It is necessary to hold elections. The first priority is to follow the constitution. Obstacles can be removed after the election date. If there is a big problem, you can go to court.
Stability will not come if elections are not held on time
The Chief Justice noted that no constitutional authority can extend the election period, no one but the court has the power to extend the election period, the court can order only after examining the specific reasons, Article 254 covers the time of delay. Do not give permission to postpone the elections for 90 days. If the elections are not held on time, there will be no stability. They do not ask questions about the good intentions of the government. When the date comes, someone will dispute it.
Advise government and PTI to give date after consultation
The court advised the government and PTI to give a date after consultation. The president of justice said that even if we make a decision, the court disputes will continue, which will be expensive for the people and the political parties. The Supreme Court, giving time to the political parties to take instructions from their leadership, asked them to consult the political leaders and inform them about the expected date of the elections.
Farooq H. Naik asked for the hearing to be adjourned till tomorrow and said that he should consult Prime Minister Asif Zardari and Maulana Fazlur Rehman. However, the Chief Justice said that he wanted to deal with the case today, the entire work of the court has been stopped due to this case. The court adjourned the hearing for four o’clock.
It is not the job of the political parties to give the date of the elections
When the hearing began after the break, lawyer Farooq H. Naik said he had spoken to his leadership, PPP leadership’s view is that it is not the business of political parties to give the date of elections. Farooq H. Naik said that the President gave the date of elections without consulting the Prime Minister, it is against the constitution to give date for elections without advice, the President did not even consult the Election Commission.
The PML-N lawyer said that there was consultation between the allies, more time is needed for consultation, it would be appropriate for the court to proceed with the case. The court can only say who gave the date
Justice Mansoor Ali said decide whether to fix the date or not and tell the court, the court can only say who should give the date.
Justice Muneeb Akhtar noted that if the assembly completes its term, who will advise the president, if the assembly completes the term, elections are mandatory in two months, the council can return the president and after 14 days, 25 days if the summary is returned back.So lost, it is the president’s discretion to give confidence to the prime minister, no summary is needed for the president to give confidence.
In the current situation, elections are needed in 90 days
The Chief Justice said that in the present situation, elections are necessary in 90 days, it took Peshawar High Court 2 weeks to notify him, the case is pending in the Lahore High Court, today is the second consecutive day in the Supreme Court and the case is almost done. Yes, the court does not support any party except the constitution. Justice Muneeb Akhtar said that it is the discretionary right of the President to give the date of the election, if the term of the Assembly ends, the President should act immediately.
The court asks where the election date should come from
The Chief Justice said that everyone agrees that elections are required in 90 days under Article 224, the court is asking where the date of the elections should come from.
Advocate Muslim League-N Mansoor Awan claims that if the National Assembly elections are held, there will be elected governments in Punjab and KPK. Considering the census, the census will be completed by April 30, after the new census constituencies are made. Justice Jamal Khan said the constitution was clear that elections would be held in ninety days.
The President did not have the authority to give a date for KP elections
The lawyer of the President of Pakistan Salman Akram Raja argued that the President and the Governor do not need advice to give the date of the elections, the President also has the power to give the date of the elections to the provincial assemblies, the President was advised to use his constitutional powers. give the date for KP election.
Salman Akram Raja said that President will review his decision, President had authority in Punjab but not in KP. According to the date, the election should be held in ninety days anyway, the president receives threats of action under article six, the cabinet told the president. Action may be taken against you. The Supreme Court reserved the decision which will be pronounced after some time.
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