SC rejects petition seeking same day polls in country

ISLAMABAD  -  The Supreme Court of Pakistan Tues­day dismissed the petition for hold­ing of elections across the country same day as being withdrawn.

A three-member bench of the apex court headed by Chief Justice of Pa­kistan Justice Qazi Faez Isa and com­prising Justice Amin ud Din Khan and Justice Athar Minallah conduct­ed hearing of a petition for holding of election all over Pakistan on the same date.

Shah Khawar, representing the pe­titioner, told the bench that his client had filed the petition for holding of elections the same day, because the apex court had passed an order to hold elections in Punjab on May 14.

A three-judge bench, headed by the then Chief Justice Umar Ata Bandial, and comprising Justice Ijaz ul Ahsan, Jus­tice Munib Akhtar on April 4 had fixed May 14 as the polling day for the Punjab general elections.

Shah Khawar maintained that since the incumbent bench was hearing various petitions regarding holding of the elections same day, therefore, his client’s pe­tition has become ineffec­tive. Justice Amin said that your stance is that the elec­tions across the country should be held on the same date. The Chief Justice re­marked that if the same sit­uation emerges again. At this, Khawar said that he would file another applica­tion then.

CJP Faez raised questions on the caretaker govern­ments and the court order for elections in Punjab and Khyber Pakhtunkhwa on May 14.

Farooq H Naek, appear­ing on behalf of Pakistan People’s Party (PPP), ques­tioned that how the care­takers could hold offices for more than six months. The CJP asked what are the functions of the caretak­er governments? Farooq Naik replied that it was to hold transparent elections, which have not been held till date, adding that the caretaker setup is against the spirit of the preamble of the constitution.

Then Justice Faez re­marked that holding of elec­tions is the ECP’s respon­sibility. He noted that two elections, including 2002 elections, were held with­out the caretaker setup.

Naek argued that Elec­tion Commission should hold general elections in the country. The Chief Jus­tice told him to come on November 2 as they have issued notices to the ECP and the federation in an­other case, which also relat­ed to holding of polls. Jus­tice Minallah said that the authorities not only ensure transparent elections, but create an atmosphere of level-playing field, adding that the politicians need to provide such atmosphere.

Naek contended that the order wherein the court had directed to hold gen­eral elections in the Punjab province is not available. He said the Court by order­ing to conduct elections in the Punjab on May 14 itself had also violated the stipu­lated period of 90 days.

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