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Supreme Court of Pakistan Tuesday dismissed the petition for holding of elections across the country same day as being withdrawn.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