KP, Punjab elections: Supreme Court to announce verdict at 11am tomorrow

The Supreme Court of Pakistan (SC) on Tuesday reserved its verdict in the suo motu case regarding the elections in Punjab and Khyber Pakhtunkhwa after concerned parties completed their arguments, Aaj News reported.

SC Registrar's Office said that the verdict will be announced on Wednesday, 11 am.

Earlier, Pakistan Muslim League-Nawaz (PML-N) sought more time for consultation after the Supreme Court gave Pakistan Tehreek-e-Insaf (PTI) and the coalition government until 4 pm to sit together and come up with election dates in both provinces.

As the hearing resumed, Mansoor Usman Awan, who is representing the PML-N in the suo motu case, told the five-member SC bench that more time was needed for consultation as some of the coalition partners belonged to Balochistan, while the PML-N also had to consult with the Pakistan Peoples Party (PPP).

“The court proceedings should continue as more time is needed for consultations,” he told the court.

Meanwhile, PPP lawyer Farooq H. Naek reported back that consultations were held with the PPP leadership. “The party leadership said that ‘giving the election date is not the job of political parties.’”

The PPP counsel said the president gave the election date without the prime minister’s advice. “The president did not even consult with the ECP. Giving the date of election without the advice was unconstitutional.”

Earlier, the court had adjourned the hearing until 4 pm, with instructions for the political parties to decide on a date.

Chief Justice of Pakistan (CJP) Umar Ata Bandial is heading a bench including Justice Shah, Justice Munib Akhtar, Justice Mandokhail, and Justice Muhammad Ali Mazhar.

As the hearing began on Tuesday, Attorney General for Pakistan (AGP) Barrister Shehzad Ata Elahi said that he was ready to present his arguments. At one point, Justice Mandokhail wondered if the governors and president can give the date for elections on their own.

"The governor is not bound by anyone’s advice on the appointment of the caretaker government and the date for elections," the top judge said.

Here, the top judge observed that the governor was not bound by anyone’s advice on the appointment of the caretaker government and the date for elections.

Subsequently, Justice Shah asked whether the president could take a decision without the advice of the cabinet.

To this, Justice Mandokhail said that the powers of the president were clear in the Constitution. “The president is bound to take advice for everything.”

Islamabad High Court Bar Council representative Abid Zuberi replied that the president is not obliged to seek advice and can exercise every power that is given by law.

"The president and governors are only bound to consult with the ECP on the date of elections," he said.

Justice Shah asked under which law is the president writing letters, to which Zuberi said that the president had sent the letters to the ECP for consultation. The Constitution did not talk about any dialogue, the judge replied.

“Let’s suppose that we believe that the law gives the president permission [to announce the date for elections] … but even then he is bound by the advice,” Justice Mandokhail observed.

Justice Bandial remarked that the top court would decide if the president needed consultation or not, after hearing arguments from all.

Previous hearings

On Monday, the nine-member bench, headed by Chief Justice of Pakistan (CJP) Umar Ata Bandial, was dissolved and reconstituted to five members.

As the hearing began, four judges including Justice Ijazul Ahsan, Justice Yahya Afridi, Justice Sayyed Mazahar Ali Akbar Naqvi, and Justice Athar Minallah disassociated themselves from the hearing.

Punjab, KP elections: The question of interpretation of statute comes in

The CJP said that the bench will continue the hearing for the interpretation of the “Constitution because what the Constitution says depends on its interpretation”.

During the hearing, the chief justice noted that the main issue before the Court is who would announce the date, adding after the date functions of the Election Commission of Pakistan to hold elections in Punjab and the KP would start.

Justice Muneeb said when the President of Pakistan can give dates for holding of general elections in 2013 and 2018 then why can’t he give a date for the elections of the dissolved assemblies of the Punjab and the KP.

The President acted under Section 57(1) of the Election Act, when the governors failed to appoint the dates.

During the previous hearing on Friday, Pakistan Democratic Movement (PDM) lawyer Farooq H Naek read out a joint statement of the PPP, JUI-F and the PML-N and said he objected to Justice Mazahar Ali Naqvi and Justice Ejazul Ahsan being on the bench.

Punjab, KPK polls: SC bench reconstituted to five members

The CJP had said that they only wanted all stakeholders to mark their presence and that everyone will be heard on Monday.

On February 23, the SC had said it will not tolerate the violation of the Constitution. As per law, elections for dissolved assemblies must be held within 90 days.

The CJP said the SC has to see who has the authority to give the election date after the dissolution of the assemblies.

“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,” said the CJP.

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.

The court had then issued notices to the Attorney General of Pakistan (AGP), advocate generals of all provinces and others.

The notices were also issued to the vice-chairman Pakistan Bar Council, the Election Commission of Pakistan (ECP), and to the President and the governors of the Punjab and KP through their principal secretaries.

Background

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.

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

Following his announcement, the CJP had taken suo moto notice of the issue.

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

“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.