SC moved seeking direction for ECP to hold timely polls

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2023-08-17T06:22:11+05:00 Shahid Rao

ISLAMABAD   -   The Supreme Court of Pakistan has been urged to direct the Election Commission of Pakistan (ECP) to forthwith announce the date for gen­eral elections under Article 224(2) of the Constitution i.e. 90 days from the date of dissolution of National and Provincial Assemblies.

In this regard, the Supreme Court Bar Association (SCBA) through its secretary and members Wednesday filed a constitutional petition under.

The petition stated the CCI, which also included caretaker chief minis­ters of the Punjab and Khyber Pakh­tunkhwa (KP), on 05-08-2023 had unanimously approved the digital census 2023.

The SCBA argued that the de­layed approval of the digital census 2023 less than a week prior to the dissolution of the National and the two provincial assemblies created a constitutional dilemma which is required to be resolved by the Su­preme Court. 

It further said that holding of elections within a period of 90 days of dissolution of assemblies is a salient feature of the Consti­tution and any delay in the con­duct of general elections beyond the mandatory period of 90 days as mandated the Constitution. The petitioners, therefore, urged the Court to declare that the impugned decision of CCI and the notification of the census are blatantly illegal, in violation of Articles 4, 5, 6, 9, 17, 51, 153, 154 and 224 of the Consti­tution, 1973as well as judgments of this Honourable Court; and set it aside.

It submitted that the ECP can­not initiate the process of delimita­tion under the Election Act, 2017 as well as Rule(s) 7 and 8 of the Elec­tion Rules, 2017 as there is no seat allocation based on the impugned decision of the CCI as delimitation of constituencies of the National As­sembly can only be carried out af­ter allocation of seats on the basis of the last preceding census.

SC DISPOSES OF PTI CHIEF’S PLEA FOR NA-31 VOTES RECOUNT

The Supreme Court on Wednesday disposed of a petition of Pakistan Tehreek-e-Insaf chairman regarding the recounting of votes in NA-131 Lahore constituency while declaring the case ineffective. 

A division bench headed by Chief Justice of Pakistan Umar Ata Bandi­al heard the case filed by the former prime minister. 

At the outset of hearing, the CJP observed that the petition had be­come ineffective after dissolution of the National Assembly. 

Dr Baber Awan, counsel of the PTI chief, requested the court to grant time for taking instructions from his client. The court, however, disposed of the case.

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