March, 21, 2023
Court has explained in its decision

Court has explained in its decision

The majority decision by 3-2 Election Commission should consult with President Alvarez, if the election is impossible in 90 days, then a date close to this limit should be given Governor KP has not fulfilled his constitutional obligations: Court

The President’s date in KP was wrong: the court case was mine in two High Courts, and their autonomy should not be interfered with, the decision of the other 2 children is part of the record somewhere: 2 copies of a dissenting note

While speaking, the President was ordered to decide the final date of the election in Punjab and the Governor in Khyber Pakhtunkhwa in consultation with the Election Commission. In the written judgment of the 5-member bench of the Supreme Court, it has been stated that a short judgment is being issued by a majority of 2-3, the reasons of which will be issued later. Chief Justice Umar Atta Bandial, Justice Muneeb Akhtar, and Justice Muhammad Ali Mazhar declared in the judgment that parliamentary democracy is one of the salient features of the constitution, without parliament there cannot be parliamentary democracy and according to the constitution, there cannot be parliament without general elections. Elections are essential for transnational democracy. There are various aspects and requirements of conducting elections, one of which is the framework for conducting elections. The constitution says 60 and 90 days in this regard, in this regard, if the assembly is dissolved after completing its constitutional term, then the period will be 60 days and if it is adjourned first, then this period is 90 days. In the Supreme Court, the case of premature dissolution of two provincial assemblies is being rejected, so the period of elections will be implemented in 90 days. The assemblies were dissolved on January 14 and 18, in the case of Punjab the governor did not act on the advice, while in Khyber Pakhtunkhwa the governor acted on the advice and dissolved the assembly. The constitution mentions three situations regarding the dissolution of the assembly, in the first situation, the governor himself dissolves the assembly. In the second situation, the governor dissolves the assembly on the advice of the superior, while in the third situation, after the advice of the chief minister, the assembly is dissolved after a period of 48 hours. No character and according to the constitution, if the governor dissolves the assembly, then he will give the date of the elections which will not be more than 90 days, otherwise, if the governor does not dissolve the assembly, in such a case, the president of the state will give the date. have authority, therefore the President of Punjab and the Governor of Khyber Pakhtunkhwa should immediately fulfill their constitutional responsibility. In this regard, the Election Commission should be ready to consult with the President and the Governor. The Supreme Court has explained in its decision that in the current situation, the date of the Punjab Assembly elections should have been given to the President. In this context, it was the right move by the President to give the date of elections on February 20, but not right in the current situation of Khyber Pakhtunkhwa. Governor Khyber Pakhtunkhwa did not give the date of the elections is a violation of constitutional obligations, in normal circumstances.
The Punjab elections were supposed to be held on April 9, which was also given by the President, but we have been told that due to the delay in announcing the date of the elections, it is not possible to implement the 90-day ban.

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