The date of general elections in the Supreme Court of Pakistan was signed by President Arif Alvi, after which the Attorney General submitted a copy to the court, after which the Election Commission issued a notification regarding the date of general elections.
The Chief Justice remarked that the constitution and law do not have the power of the court to fix the date of the election.
On the order of the Supreme Court, the Election Commission has issued a notification for the date of the general elections in the country, according to which the elections will be held on February 8, 2024.
The Election Commission announced the date under Section 57 of the Election Act. The Attorney General also read out the notification issued by the Election Commission in the court. The notification was dated November 3.
The Supreme Court disposed of all the petitions for general elections in 90 days, and issued a decree that the matter of elections has been resolved with the consent of all parties, agreeing on the date of general elections on February 8.
After the dissolution of the assemblies in the Supreme Court, the case of holding elections in 90 days was heard, a 3-member bench headed by Chief Justice Qazi Faiz Isa heard the case, Justice Aminuddin Khan and Justice Athar Minullah are also included in the bench.
Attorney General of Pakistan Mansoor Awan presented the minutes signed by the President in the court, on which the Chief Justice inquired whether they are original or copies.
Mansoor Awan replied that one is the original and the other three are copies, after which the Attorney General also read the minutes of yesterday’s meeting between the President and Election Commission officials to the Supreme Court.
We are all happy no one mind
After the hearing, Chief Justice Qazi Faiz Isa started writing the order for today’s hearing and remarked that if everyone is happy, then we have no objection, the Election Commission and all the parties have agreed, all the members unanimously agreed on the date. It has declined.
On the remarks of the Chief Justice, the lawyers of all the parties replied that we are all happy, no one has any objection.
The Chief Justice remarked that the constitutional debate has been left for the future. On which the Attorney General said that he hopes that such a situation will not arise in the future.
The Chief Justice remarked that no one had referred to Article 48(5) of the Constitution, and would discuss the point again. On which the Attorney General said that God should not let such a thing happen in the future.
The Chief Justice remarked that it is fine, now we are writing the decree, all the parties should sit down, it will take time to write the decree, don’t get tired.
While writing the affidavit, the Chief Justice asked whether the five provincial advocate generals have any objection to the date of the elections.
On the Chief Justice’s inquiry, no Advocate General objected to the date of the elections. On which the Chief Justice remarked that all the provincial governments are also bound by history.
Court order
The court ordered the election case that the president dissolved the assembly on August 9 on the proposal of the prime minister, the date of the election was to be announced after the dissolution of the assembly, there was a deadlock between the president and the election commission on the date of the election.
The ruling said that the court was informed that the election commission did not respond to the letter of the president, the court got into trouble due to the president’s letter and the position of the election commission. No option.
It is in the order that the President did not refer to the court under Article 186, everyone including the President and the Election Commission should do what is intended by the Constitution, following the Constitution is not an option but a responsibility. If he interferes with the boundaries, the consequences will be serious.
It was written in the decree that the dispute between the President and the Election Commission was unnecessarily brought to the Supreme Court, the whole country was worried about the date of the elections, some people were worried that the elections might not take place, the Supreme Court has exercised such authority under the Constitution. The court did not interfere in the affairs of the President and the Election Commission, but the court facilitated the President and the Election Commission in fixing the date.
In the court order, it was written that the bigger the constitutional position, the greater the responsibility. It is the basic duty of every citizen to follow the constitution. The president, chief election commissioner and members are bound by the oath taken under the constitution.
Details of today’s hearing
Earlier, Attorney General of Pakistan Mansoor Awan appeared in the Supreme Court and said that the meeting minutes of the Election Commission meeting held yesterday are awaited.
Justice Qazi Faiz Isa said that we will hear other cases until the meeting minutes come. The court adjourned the hearing of the case.
When the hearing started, the Attorney General came to the rostrum and presented the minutes of the meeting of the Election Commission with the President.
Mansoor Awan told the court that the Election Commission officials met the President of the country on the order of the court.
The Chief Justice inquired where the President’s signature is. So the Attorney General replied that the press release was issued by the President, but he signed it.
The Attorney General said that the President has given his letter of consent separately, to which Justice Qazi Faiz Isa said that where is the letter of consent, the signature of the President is separate, that is why there should be an official confirmation on his behalf. .
The distinguished judge said that we do not want any ambiguity on this issue, no party should come tomorrow and say that it was not involved in the consultation process, if someone wants to come from the presidency, we will welcome him, with consultation. Whatever happens is good.
During the hearing, the Supreme Court said that according to the constitution, the President has to give the date of the elections, so the President should sign it and send us a message.
The Supreme Court once again adjourned the hearing of the case of holding elections in 90 days.
In yesterday’s hearing, the Chief Justice said in his remarks that the date given for the general elections must be implemented, once the date is announced it will be like a line on a stone and then the date will not be changed.
It should be noted that the Supreme Court had directed the Election Commission to consult the President, the Commission will inform the court after consulting the President.
The Election Commission had given the court a date for holding the elections on February 11, while a meeting between the Election Commission and the President was held late at night on a court order.
It should also be remembered that Sad Alvi and Chief Election Commissioner Sikandar Sultan Raja have agreed to hold elections on February 8.
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2024-09-20 10:47:13