ISLAMABAD: The Supreme Court issued notices to all major political parties in suo moto hearing about elections in Punjab and Khyber Pakhtunkhwa provinces, ARY News reported on Thursday.
A larger bench of nine judges, headed by Chief Justice Umar Ata Bandial, heard the case.
Political parties should submit their points of view in the case, the bench remarked.
The court also served notices to the Election Commission of Pakistan and the Attorney General.
“The President has announced election under section 57,” Chief Justice Bandial said. “We have three issues before us,” CJP said. “It has to be seen, who has been authorized to announce the election date after dissolution of assemblies,” he further said. “We had Feb 10 order of the high court and several other factors before us,” top judge added.
“We want compliance of the constitution and could not tolerate its violation at any cost,” Justice Bandial further said.
Justice Jamal Mandokhel and Justice Athar Minallah objected over constitution of the bench. “I have reservations over the suo moto notice,” Justice Mandokhel said. “Justice Mazahir Ali Naqvi was the member of the bench in which the Chief Election Commissioner was summoned,” he further said.
“Suo moto notice was taken on the note of Justice Ijazul Ahsan and Justice Mazahir Naqvi,” Justice Jamal said. “The CEC was summoned in the case, while he was not a party,” Justice Mandokhel added.
CJP said that the suo moto notice was taken later, earlier speakers’ petitions were filed. “The constitution gives fixed time for elections, which is coming to an end,” Justice Bandial said. “The high court’s forum can be bypassed in case of emergency,” he said.
“It was easy for the supreme court to fix two filed petitions for hearing. Section 57 related to the date of elections. Several new points have come before us, which required interpretation,” he further said.
“After announcement of election date by the president the situation has changed. The speakers of two assemblies have added some questions in their petitions. The supreme court has to consider the constitutional point and to ensure its implementation,” Justice Bandial said.
“The elections issue needs clarification, we want to hear all. We have cancelled our next week’s schedule to proceed over this case,” he said.
Attorney General while pleading for time for the case said, preparation for tomorrow will be difficult if so many people will be put on notice.
“Tomorrow, we will be restricted to some necessary points, while detailed hearing will be conducted from Monday,” CJP said. “Article 224 asks for election within 90 days, the time is rapidly passing. The matter was pending in the high court but remain undecided. In view of limited time, we could not conduct long hearing of the matter,” chief justice said.
“In case of extremely serious situation, elections time could be extended. We have to look whether the constitution being implemented,” he said.
The court while issuing notices to all major political parties adjourned the suo moto hearing for elections in Punjab and KP provinces until 11am on Friday (tomorrow).
