The Election Commission should announce the date of the elections after consulting the President: Supreme Court

The Supreme Court ordered the Election Commission to announce the date of the general elections today after consulting the President. According to the court order, the Election Commission should meet the President today and inform the court on Friday, while the President and the Election Commission should consult and submit the document to the court.

During the hearing of the case of conducting elections in 90 days, the Chief Justice said that the date given has to be followed, the Supreme Court only wants elections and does not want to get into any other debate, after giving the date of elections, any application will be rejected. Will not be heard.

According to the order, the Election Commission should meet the President today and decide the final date together, we are not saying who will give the date. A three-member bench headed by Chief Justice Qazi Faiz Isa heard the case.

During the hearing, PTI’s lawyer Barrister Ali Zafar argued that the elections should be held in 90 days and the plea is that the elections should be held on time as per the constitution.

Lawyer Ali Zafar argued that if the elections are not held, the Parliament will not be formed and the laws will not be made. Giving the date of the elections and giving the schedule are two things. The election date will be given within.

The Chief Justice inquired whether it is necessary for the President to consult the Prime Minister for giving this date. Lawyer Ali Zafar replied that it is not necessary that the President has his own constitutional duty to give the date.

Justice Athar Manullah asked whether the President has given the date of the election. On which lawyer Ali Zafar said that in my opinion the President has given the date but the Election Commission said it is not the President’s authority.

The Chief Justice remarked that where is the letter in which the President gave the date, upon which lawyer Ali Zafar read out the President’s letter. The Chief Justice inquired that the Assembly was dissolved on August 9, so no one has any objection? The PTI lawyer replied that yes, no one has any objection.

Justice Athar Manullah remarked why the President took so much time to write a letter to the Election Commission. The Chief Justice asked whether the President approached us to seek an opinion from the Supreme Court, to which the lawyer said that no, it is not so.

The Chief Justice made important remarks that how are you reading the letter in front of us, the text of the President’s letter is also quite vague, how can the President give this advice to someone else when he has not done it himself, Ali Zafar? They are saying that the president did not fulfill his constitutional duty, the assembly was dissolved on August 9 and the president wrote a letter in September.

Justice Athar Minullah remarked that the command of the constitution is very clear, the president had to give the date, there is no dispute.

The Chief Justice remarked that according to you it is the power of the President to give a date, then you tell me whether this court also has the power to give a date. If the President does not comply, we will issue him a contempt of court notice, Chief Justice

Justice Athar Manullah remarked that in the opinion of Badi-Nazar, the government, the Election Commission and the President are all three responsible, now the question is what will be the results and the elections should be held on time.

The Chief Justice asked Ali Zafar, are you representing a political party? Why don’t you call the president and give him a date?

Ali Zafar said that he is the president of Pakistan and the president of the entire country. The Chief Justice said that you are asking us to take action against him, the President is raising his hands and saying go and take an opinion from the court and then the President himself does not even come to take an opinion.

The Chief Justice remarked that the Election Commission is saying that it is their authority to give a date after the amendment of Section 57, why did you not challenge this amendment? Ali Zafar said that I did not need to make this challenge.

The Chief Justice remarked that you are saying that Section 57 will be read along with Article 58, then the Election Commission is saying right that there is no need to consult the President, he should give the date, the President should give the date and then the Election Commission. Whatever they say.

Ali Zafar said that in my opinion, the President should give the date only after consulting the Election Commission, on which the Chief Justice said that if the Election Commission does not consult, then the date should be given.

Justice Athar Minullah remarked that to this extent I agree that the President should give the date only after consulting the Election Commission. The government, the Election Commission or the President who committed the violation will face the consequences.

The Chief Justice remarked that with the arguments you are giving, Article 6 will be imposed on the President.

The lawyer of the Election Commission informed the court that the Election Commission will consult the President and is willing to consult the President without getting into the constitutional debate. The Chief Justice remarked that if the President does not answer, he must knock.

The Chief Justice directed to consult the President today and said that the Attorney General should remain on board in the consultation. The court directed to provide both the orders of the previous hearing and today’s hearing to the parties.

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2024-09-21 15:42:16

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