Punjab, KPK polls: SC says will not tolerate violation of Constitution

The Supreme Court (SC) said on Thursday that it will not tolerate the violation of the Constitution as it heard the matter regarding holding elections of the dissolved provincial assemblies of Punjab and Khyber Pakhtunkhwa (KPK).

A nine-member bench headed by Chief Justice of Pakistan (CJP) Umar Ata Bandial began its suo motu hearing today.

During the hearing today, the judge said that the SC had three matters to look into, adding that it has to see who has the authority to give the election date after the dissolution of the assemblies.

The CJP said that a suo motu case was taken due to a number of factors.

He further said that the top court will not tolerate the violation of the Constitution. “If there is a very serious situation, the time for elections can be extended. But we have to see if the Constitution is being implemented.”

Justice Bandial said the court wants the implementation of the Constitution, adding that after President Alvi’s announcement of the election date, the situation has changed.

The CJP further said that elaboration was needed on the issue of elections.

Last year, PTI chief Imran Khan had announced that his governments in Punjab and Khyber Pakhtunkhwa would dissolve their assemblies to pave the way for fresh elections. This was eventually achieved last month. However, delays over KP and Punjab polls remain. As per law, the Election Commission of Pakistan is bound to hold elections within 90 days of an assembly being dissolved.

On Monday, President Dr Arif Alvi had announced that elections will be held on April 9.

On Wednesday, the CJP took suo moto notice of the issue.

"It appears that subsequent to certain correspondence initiated by the President of Pakistan with the Election Commission, the President has taken the position that it is he who has the authority and responsibility for appointing a date for the general elections, in terms as provided in section 57(1) of the Elections Act, 2017," he noted.

The chief justice observed that the issues raised require immediate consideration and resolution by this Court as several provisions of the Constitution need to be considered, as also the relevant sections of the Elections Act.

President Alvi says elections in Punjab, KP on Apr 9, ECP calls emergency meeting

Pakistan Bar Council seeks changes

Earlier, the Pakistan Bar Council (PBC) said that the CJP should not exclude Justice Qazi Faez Isa and Justice Sardar Tariq Masood from the bench.

In a press release issued, the PBC said their inclusion was necessary so that the "public and lawyers community may not question upon the bench for hearing of the important matter in respect of the determination of constitutional responsibility and authority”.

The bar also called upon Justice Naqvi to voluntarily recuse himself from the bench.

President announces date for KPK, Punjab polls

In a letter, President Alvi stated that he called a meeting with ECP on February 20 to announce the date for the general elections of the KPK and Punjab assemblies.

“However, the ECP replied that the commission cannot participate in a meeting on the subject matter with the Office of the President. The governors of Punjab and KP are not performing their constitutional duties for appointing a date, not later than ninety days from the date of dissolution of Provincial Assemblies as per the Constitution of Pakistan," he wrote.

The ECP is also not fulfilling its constitutional obligation for holding polls for the Assemblies of Punjab and KP, he added.

“Both the constitutional offices are placing the ball in each other’s court, resulting in delay and creating a serious danger that constitutional provisions may be violated,” the letter said.

He stressed that he was under oath to preserve, protect and defend the Constitution of the Islamic Republic of Pakistan.

“I have felt it necessary to perform my constitutional and statutory duty to announce the date of elections to avoid the infringement and breach of the Constitution and law i.e. holding of elections not later than ninety days.”