Justice Ejaz, Justice Naqvi, Justice Athar, and Justice Afridi will hear the case of a 5-member bench. (Punjab)
The President’s first letter is a war on polling contrary to the High Court order, what will happen if Lazla comes? Justice Mansoor, to the extent of Punjab, the President probably gave the date right: Justice Muneeb
What if there are no resources? Justice Mandukhel Elections cannot be held in Pakistan without cricket: Justice Munib Elections impossible before April 25: Attorney General
Chief Justice’s written order not in accordance with an open court order: Justice Athar 2 Senior Judge not included: Justice Mansoor, petitions not hearable: Justice Afridi dissenting note
ISLAMABAD (Mian Aqeel Afzal, Zaigham Naqvi, APP) The 9-member bench hearing the suo motu issue on the issue of dates of elections in Punjab and Khyber Pakhtunkhwa has been dissolved. Yesterday, the 4 judges separated themselves from the bench before the hearing, after which Chief Justice of Pakistan Umar Atta Bandial appointed a 5-member bench consisting of Justice Mansoor Ali Shah, Justice Muneeb Akhtar, Justice Jamal Mandukhel, and Justice Muhammad Ali Mazhar. A larger bench was constituted. Besides, a written order for the hearing of 23rd February was also issued, which includes additional notes of 4. In the written order, it was said that whose constitutional responsibility is to announce the date of elections? Notice was taken on this point. When the hearing started yesterday, 5 people including the Chief Justice entered courtroom number one. The Chief Justice said that Justice Ijazul Ahsan, Justice Mazahir Naqvi, Justice Yahya Afridi, and Justice Athar Manullah have separated themselves from the bench. On this occasion, Chief Justice asked Tehreek-e-Insaf’s lawyer Ali Zafar that while starting the arguments, tell whether the court can hear this case or not. The 5-member bench will continue the hearing for the interpretation of the constitution, we have to complete the case today anyway, Farooq Naik said that we have filed an application on the issue of the full court, on this the Chief Justice said after hearing your application as well. Held, 4 Judges in the middle have recused themselves from the bench, Justices Jamal Mand and Khel Kanoot are inappropriate to recuse themselves before joining the order. Because court orders are first posted on the website and then made public, Ali Zafar argued that according to the constitution, elections are mandatory within 90 days after the dissolution of the assembly, and no constitutional officer can delay, the constitutional period of 90 days. It started on January 14, Justice Muhammad Ali Mazhar inquired that the Governor of Punjab threw the matter in the Election Commission’s court, who appoints the Governor? Ali Zafar said that the governor is appointed with the approval of the president, Justice Mazhar said that there is a difference between the dissolution of the governor and his dissolution after the constitutional term, according to the notification of January 22, the Election Commission appointed the caretaker chief minister. Is there no provision in the constitution regarding a delay of more than 90 days, asked Justice Jamal Mandukhel, who gives the date of the election. Can the election be delayed for 90 days? Ali Zafar replied that the election cannot be delayed even by an hour, the court can order the Governor or the Election Commission to fix the date. The meeting between the Election Commission and the Governor ended without a result on the order of the High Court, the President fixed the date himself after reviewing the situation, but the Election Commission did not respect the order of the High Court, Justice Mansoor Ali Shah said that the court option used or not? Azhar Siddiq replied that the contempt of court petition was filed on February 14. Ali Zafar said that the President wrote two letters, the first letter on February 8 asking the Election Commission to announce the date. The Chief Justice asked whether the Election Commission has responded to the President’s first letter, Ali Zafar said that the answer is not to my knowledge, Justice Mansoor Ali Shah said that the President’s first letter is contrary to the order of the High Court. He asked to give a date after consulting the governor, but the President asked the Election Commission to give a date. Justice Muhammad Ali Mazhar said that the Election Commission itself wrote in its reply that consultation with the governor is not in the constitution, if there is no consultation, then the commission Then he would have given the date of the election himself.
