Election Commission has no authority to extend election date: Supreme Court
In hearing, Chief Justice Umar Atta Bandyal remarked one thing is clear that Election Commission had no authority to postpone elections, It seems order to extend date of elections has been written in haste
What will be the future of general elections in Punjab and Khyber Pakhtunkhwa? The Attorney General requested to form a full court bench to hear the election case. Objection was also raised on the admissibility of Tehreek-e-Insaf’s request.
The Chief Justice of Pakistan has said that one thing is certain that the Election Commission did not have the authority to extend the date of the elections, it seems that the order to extend the date of the elections was written in haste. Political maturity is also very important for elections. What is the level of circumstances where elections can be postponed? Elections can be postponed only due to emergency.
According to the details, a five-member larger bench headed by Chief Justice Umar Atta Bandyal heard PTI’s requests against the delay in elections in Punjab and Khyber Pakhtunkhwa.
During the hearing, Chief Justice Umar Atta Bandyal remarked that one thing is clear that the Election Commission had no authority to postpone the elections. It seems that the order to extend the date of elections has been written in haste.
During the hearing, several questions were raised on the Election Commission’s postponement of the elections on the grounds of terrorism and non-availability of finance.
PTI lawyer Barrister Ali Zafar, Attorney General of Pakistan (AGP) Mansoor Awan, PPP lawyer Farooq H. Naik and others were present during the hearing.
The Chief Justice said that terrorism is not today’s problem but the problem of 1990. Despite these conditions, the elections continued to be held, even when ANP and People’s Party made sacrifices, the elections were not postponed.
Justice Ijaz-ul-Ahsan said on the one hand it is being said that the finance is not available, while on the other hand 10 billion rupees are being provided for the laptop scheme.
On this occasion, Fawad Chaudhry stood on his seat and told that 70 billion have been allocated for development funds.
On this, the Chief Justice said that 80 billion rupees has already been arranged.
Attorney General Mansoor Usman Awan said that no election ban was imposed by the IMF. But a collection target of 170 billion rupees has been given.
On this occasion, Justice Muneeb Akhtar said that if you want to increase the revenue target, you can increase it to 200 billion.
The Chief Justice inquired whether the election date can be extended.
The Chief Justice’s query was that “we do not want to extend the matter”, the question before the court was simple whether the election date can be extended or not.
He said, “If the ECP has [تاریخ بڑھانے کا] If there is an option, the matter will be over.”
Chief Justice Bandyal remarked that the AGP had raised a point to make political parties defendants in the case. Rule of law is essential for democracy and democracy cannot function without rule of law. If the political temperature remains as high as it is, the problems will increase.
On this occasion, PPP lawyer Farooq H. Naik said that today there is “anarchy and fascism” in the country.
Meanwhile, the Attorney General mentioned the dissenting notes of two Supreme Court judges. He said that on Monday, Justice Mansoor Ali Shah and Justice Jamal Khan Mandukhel expressed doubts about the decision of March 1 automatic notice regarding the elections in Khyber Pakhtunkhwa and Punjab and said that the action was carried out by a majority of 4-3. rejected, and pleaded that the Chief Justice has no power to reconstitute benches without the consent of the Judges concerned.
The Attorney General referring to this decision said that if the decision of the court [یکم مارچ کو] If passed by a majority of four to three, there was no order to be violated.
On this, Chief Justice Umar Atta Bandyal said, “The question here is not about the decision, but about the powers of the ECP.”
The Chief Justice had also said that the jurisdiction of the Supreme Court is not limited to the petition.
Addressing the Attorney General, the Chief Justice said, “Elections are necessary for democracy. Don’t spoil the issue on technical grounds. The Supreme Court’s March 1 order has already come into effect. Do not raise the matter or bring it up again in court.
Justice Jamal Khan Manukhel said on this occasion that the decision of March 1 is an internal matter of the Supreme Court.
After that, he inquired whether the holding of elections within a fixed period of 90 days is not a constitutional requirement. Can ECP delay election date?
On this, the Chief Justice thanked Justice Mandukhel for “clearing the matter”.
Justice Jamal Khan Mandukhel said, “People across the country are standing in queues for subsidized flour today. It is the responsibility of the PTI and the government to improve the situation in the country,” he asserted. That all national institutions must be respected.
The series of arguments continued that Chief Justice of Pakistan Justice Umar Atta Bandyal adjourned the hearing till 11:30 tomorrow.
