During today’s hearing on Pakistan Tehreek-e-Insaf’s request to prevent the postponement of elections in Punjab and Khyber Pakhtunkhwa, Chief Justice of Pakistan Umar Atta Bandyal it that the only way to postpone elections is by declaring an emergency.
The 5-member larger bench, headed by Chief Justice Bandyal, includes Justice Ijazul Hassan, Justice Muneeb Akhtar, Justice Aminuddin, and Justice Jamal Khan Mandukhel.
At the hearing, the Chief Justice of Pakistan expressed his desire to expedite the proceedings. He stated that the previous day’s order must examine the jurisdiction of the Election Commission. At the same time, the issue of political parties joining as parties will be addressed later.
The Chief Justice emphasised that the rule of law and democracy are interrelated and essential components of a stable society. He also noted that the current political climate is particularly intense and called on political parties to ensure tolerance, patience, and peaceful coexistence among themselves.
The Chief Justice of Pakistan said we should not get into a legal dispute. We also have to restore social and political discipline. The Supreme Court hears the case with good intentions. The parties have to decide which side to take in the situation. Go, yesterday, also said that the legal issue cannot be resolved in a vacuum.
The constitution is a living document, and its interpretation can only be based on the ground conditions.
Lawyer Farooq H. Naik said that to determine what is best for democracy and the country in the current political and economic conditions, political parties are stakeholders. They must be heard.
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Justice Jamal Mandukhel asked Farooq H. Naik why do you not take this point to Parliament. Farooq H. Naik said he is considering raising the matter in Parliament.
Attorney General Mansoor Usman said that in the order of March 1, 2 judges gave a decision.
The Chief Justice noted that two respected judges have already given a decision and urged the bench to consider the matter seriously. Meanwhile, Attorney General Mansoor Usman requested the formation of a full court, citing the importance of the matter.
The Chief Justice said that according to the constitution and the law, the Election Commission has no authority to change the date of the elections.
Justice Munib said that the elections could be held at any time, and the commission should be ready, and it is not the job of the election commission to run the government.
In the written order of the Supreme Court, it is said that according to the petitioner, the Election Commission cancelled the election date of the President of the country. According to the petitioner, the Election Commission does not have the authority to cancel the date of the President. According to the petitioner, the Election Commission cancelled the election. Postponed and took refuge behind Article 254.
According to the latest court order, Article 254 has been invoked to protect the election process from becoming ineffective after the prescribed period of judicial precedent.
However, the court clarified that Article 254 does not protect the adjournment of the process within the prescribed time frame. The petitioner argued that there is no constitutional support for postponing the elections on October 8. As per the order, the Supreme Court has issued notices to all parties involved and requested the Election Commission to respond to the legal questions raised in the petition.