Delay in the elections of Punjab and Khyber Pakhtunkhwa. The Supreme Court’s order to hold elections in 90 days was rejected by the government.
Federal Law Minister Azam Nazir Tarde said in response to the decision that 2 judges further said that automatic notice is not admissible, so in my opinion this is a four-party decision.
Speaking to the media outside the Supreme Court, Azam Nazir Tarar said that there was a discussion on the maintainability of a constitutional point, the two judges who voluntarily separated themselves from the bench also had a history.
A paragraph of the Supreme Court judgment
He said in the context of the 9-member bench that 3 judges asked the governor and the president to consult, it was decided to fix a date as soon as possible.
The Federal Law Minister added that we also say that if the country’s situation allows, there should be an election, but after reading the decision, we believe that this petition has been rejected by 4-3.
He further clarified that out of the 7 judges who were sitting today, 2 judges say the petition is not maintainable, there are some things which will be discussed further.
Regarding the letter written to the Election Commission, Azam Nazir Tarar said that the biggest violation of the constitution was committed by the President.
It should be noted that due to the delay in Punjab and Khyber Pakhtunkhwa elections, the 5-member bench of the Supreme Court has today given its decision on suo motu notice and said that the elections of Punjab and Khyber Pakhtunkhwa assemblies should be held in 90 days.
Dissenting note of Justice Mansoor Ali Shah and Justice Jamal Khan Mandukhel
Justice Mansoor Ali Shah and Justice Jamal Khan Mandukhel, two judges of the 5-member bench of the Supreme Court, writing a dissenting note on the decision, said that the constitution has given 60 and 90 days for the elections, a similar case in the High Courts. is pending, the Supreme Court cannot automatically take notice of a matter pending in the High Court.
In the dissenting note, it is further stated that according to the case of Manzooralahi and Benazir, it is not possible to take automatic notice, the Lahore High Court has already decided the case, there is no reason to take automatic notice, the automatic notice was taken hastily. Supreme Court should not have exercised the power of automatic notice.
The dissenting note said that the Khyber Pakhtunkhwa Assembly is dissolved on the approval of the Governor, the general election procedure is different, requests for automatic notices on elections and holding elections within 90 days are rejected.