A three-member bench of the Supreme Court suspended the order to cancel the appointment of ROs on the request of the Election Commission of Pakistan against the injunction of the Lahore High Court on the issue of holding elections under bureaucracy. A three-member bench of the Supreme Court headed by Chief Justice Qazi Faiz Isa heard the petition of the Election Commission.
After Chief Justice of Pakistan Justice Qazi Faiz Isa and Chief Election Commissioner Sikandar Sultan Raja met with senior judges, the Election Commission filed an appeal against the decision of the Lahore High Court, which is being heard.
Chief Election Commissioner Sikander Sultan Raja met Chief Justice Qazi Faiz Isa in the Supreme Court, Justice Sardar Tariq and Justice Ejazul Hassan also participated in the meeting. Apart from this, Attorney General Mansoor Usman also attended the meeting.
Sources say that the Chief Election Commissioner came to the Supreme Court on the invitation of the Chief Justice and informed the judges about the injunction of the Lahore High Court.
According to the sources, the Chief Justice of Pakistan also met two senior judges before meeting the Chief Election Commissioner, the Chief Justice consulted with the senior judges regarding the order of the Lahore High Court, after the consultation, the Attorney General and the Chief Election Commissioner were summoned. .
Lahore High Court’s decision challenged in the Supreme Court
The Election Commission challenged the decision of the Lahore High Court in the Supreme Court and filed an appeal. In the appeal, the decision of the Lahore High Court has been requested to be annulled and it has been asked that the Supreme Court should implement the decision to hold elections on February 8.
A 3-member bench headed by Chief Justice Qazi Faiz Isa, comprising Justice Sardar Tariq Masood and Justice Mansoor Ali Shah, is hearing the case and the hearing is being telecasted live.
During the hearing on the appeal, the Chief Justice asked Election Commission’s lawyer Sajil Swati whether it was too early to come at that time. He opined that the application was required today to hold the elections on February 8.
The Chief Justice remarked that what would have happened if I had left on the flight? Well, it is a constitutional obligation to be fulfilled.
The Election Commission lawyer said that the decision of the Election Commission to take the votes from the DRO bureaucracy was suspended by the Lahore High Court. The decision of the Lahore High Court has stopped the election process.
The Chief Justice said that I want to clarify regarding today’s bench, now benches are formed under the Supreme Court Practice and Procedure Act, I wanted the most senior judges to join the bench and I have named the most senior judges on the bench. It was suggested for
He further said that Justice Ejaz-ul-Ahsan could not come due to his busy schedule, then we caused trouble to Justice Mansoor Ali Shah.
Vakil Election Commission took a position that the first priority of the Election Commission for returning officers is its own officers, the list of DROs and ROs is given by the government, PTI has said that transparent elections should be held under Article 218-3 of the Constitution.
Justice Mansoor Ali Shah inquired whether there is anything in Article 218-3 that elections cannot be transparent.
The election commission lawyer said that PTI’s position is that the chief justice should be consulted for the appointment of ROs and DROs. The election commission had written a letter to the judiciary in February for judicial officers. The Islamabad High Court did not respond, the Peshawar High Court asked to refer to the Judicial Policy Making Committee.
The Chief Justice inquired whether the petitioner wanted to postpone the elections after the High Court’s letter.
The counsel for the Election Commission said in arguments that the petitioners say that the RO appointment of administrative officers should be terminated forever.
Justice Mansoor Ali Shah asked the lawyer of the Election Commission that this clause could have been challenged at any time, why was it done now? Has the Lahore High Court also suspended the notification of ROs of Sindh, KP and Balochistan? In total, how many officers and DROs were appointed?
The Chief Justice inquired that if the Election Commission does not conduct the election and the judicial officers do not conduct the election, then who will conduct the election? To this, the lawyer Election Commission replied that the first priority of the Election Commission was to get returning officers from the judiciary.
The Chief Justice remarked that what did the lawyer PTI want? How can the High Court issue a writ against its own court? The Supreme Court had decided the elections only on the request of PTI, stop the elections in the whole country on a request of Umair Niazi? Umair Niazi’s request is an insult to the order of the Supreme Court.
Justice Qazi Faiz Isa declared that the application is an attempt to derail democracy and violate the order of the Supreme Court, should we take contempt of court action? Who is the applicant Barrister Umair Khan Niazi? Sujeel Swati said that the applicant Barrister Umair Khan Niazi is related to Pakistan Tehreek-e-Insaaf.
On this, Justice Mansoor Ali Shah asked whether the petitioner gave the certificate of authorization on behalf of the party. Qazi Faiz Isa remarked that this means that petitioner Umeer Niazi does not want elections, so should we issue contempt of court notice? This is a violation of the orders of the Supreme Court. If Election Commission officers and Deputy Commissioners do not conduct elections, who will conduct them?
Justice Mansoor Ali Shah inquired whether the Election Commission had taken returning officers from political parties. How many DROs and ROs were there across the country? Vakil Election Commission said that there are 148 DROs and 859 returning officers.
The Chief Justice remarked that if the judicial officers do not conduct the elections, the Election Commission and the Executive do not conduct them, then who will? From this point of view, the goal is to postpone the elections. Whose constitutional responsibility is it to hold elections? Tell the judge to conduct the election himself, how is the judiciary issuing the order, are the judges who gave this order guilty of misconduct?
Justice Mansoor Ali Shah said that did Umir Niazi apply to the Election Commission before challenging it in the High Court? Vakil Election Commission said that the petitioner of PTI said that there is no confidence in the executive regarding the elections, all the officers were changed as soon as the caretaker government came, Umir Niazi says that he is the Additional General Secretary of PTI.
On this, Justice Qazi Faiz Isa remarked that tomorrow they will say that we do not have faith in the judiciary.
Justice Sardar Tariq Masood inquired that if the notification was suspended, why have you stopped the training? 7 days of training is done, one day of training has been completed, the Supreme Court stopped the elections from being derailed, who is the obstacle in the way of the elections?
The Chief Justice asked that it is surprising to receive such orders from the judiciary, when was the election program to be released? The lawyer replied that the election schedule was to be released today.
On inquiry, the Attorney General said that there was a notice for assistance but the Additional Attorney General had appeared, I did not know about this case.
The Chief Justice remarked that the judge of the Lahore High Court has committed misconduct, the order of the Supreme Court is contrary to misconduct, the petition has also been filed, the judge who gave the injunction has become the head of the larger bench.
How many days is the election schedule?
If the general elections are to be held on February 8, then the Election Commission has to issue the election schedule by today or tomorrow and the election schedule is 54 days.
According to the election schedule, December 17 is the first day and February 8 is the 54th day.
Earlier, the Secretary of the Election Commission also reached the Supreme Court and in a conversation with the media, he said that he has prepared an appeal against the decision of the Lahore High Court, and will file an appeal in the Supreme Court after some time.
He said that he cannot say anything about the elections on February 8.
It should be remembered that the Election Commission has announced to hold general elections across the country on February 8, 2024, but a few days ago Pakistan Tehreek-e-Insaaf challenged the decision of the Election Commission to hire bureaucracy for the general elections in the Lahore High Court.
On the request of Pakistan Tehreek-e-Insaf yesterday, the Lahore High Court suspended the notification of the Election Commission to hire the services of the bureaucracy for the elections, while today the Lahore High Court also constituted a 5-member larger bench headed by the Chief Justice of the Lahore High Court on this matter. Daya who will hear the case on December 18.
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2024-08-23 04:50:49
