- Court’s order says impressed to note political leadership affirmed fidelity to Constitution
- Asserts it would not go back on its order fixing May 14 as date for Punjab polls
ISLAMABAD: The Supreme Court (SC) on Thursday adjourned till April 27, the hearing of a petition seeking ‘same day elections’ in the country after being told that a meeting has been scheduled between the government and Pakistan Tehreek-e-Insaf (PTI) for April 26.
Earlier in the day, the apex court had given the federal coalition and the PTI time until 4pm to sit together and develop a consensus on elections in the country. At the same time, it also asserted that it would not go back on its order fixing May 14 as the date for elections to the Punjab Assembly.
A three-member bench comprising Chief Justice of Pakistan (CJP) Bandial and comprising Justice Ijazul Ahsan and Justice Munib Akhtar heard the petition, seeking to hold general elections to all the national and provincial assemblies simultaneously.
However, the proceedings did not resume at 4pm as the three-judge bench did not appear in the courtroom. Meanwhile, Farooq H Naek, who was representing Pakistan People’s Party (PPP), and Attorney General for Pakistan (AGP) Mansoor Usman Awan met with CJP Bandial in his chambers.
The Supreme Court, in its written five-page order, stated that it was “impressed” to note that all political leaders had affirmed their fidelity to the Constitution. It also asserted that it would not go back on its order fixing May 14 as the date for Punjab elections.
The order noted that the Supreme Court has no objection to the negotiation process for holding general elections simultaneously. “Holding elections on the same day across the country is a legal and constitutional question,” it added.
It further said that all executive authorities were bound to implement the decision of the election to Punjab Assembly on May 14.
Referring to CJP’s meeting with Farooq H Naek and AGP Mansoor, the order said that both the representatives informed the chief justice of talks between government and opposition.
A meeting has been scheduled amongst government and opposition on April 26, 2023, the order said, adding that it should be informed of the progress when the hearing resumed on April 27.
FIVE-PAGE ORDER
The top court said in its five-page order observed that having heard the positive statements of political leadership of the country representing all major political parties with respect to the simultaneous holding of general elections of the national assembly and four provincial assemblies gives cause for optimism that they would agree to an election date sooner rather than later.
While citing its earlier order the court said the judgment relating to May 14 as general election in Punjab Assembly is in field which ruling is binding on all judicial and executive authorities. The bench said in its order, “We are cognizant that if political dialogue extends to address all grievances, then it is likely to be a lengthy process and the correct forum for that is the political arena and political institutions. However, we did not find any reservations to the negotiations being centred solely on a one-point agenda, namely, consensual fixation of a date for holding of general elections of the national assembly and four provincial assemblies which is a constitutional and legal question. It is important that such result is accomplished expeditiously because our judgment rendered in Constitution Petition No.5 of 2023 on 04.04.2023 has already fixed the date of elections to the Punjab Provincial Assembly as 14.05.2023. That judgment holds the field and, therefore, its ruling is binding on all judicial and executive authorities in the country under Article 189 and Article 190 of the Constitution”.
PPP AND PML-N ASSURE COURT OF EFFORTS TO RESOLVE ELECTION DISPUTE
Representing PPP, senior advocate Supreme Court Farooq H. Naek submitted saying a process for conducting such dialogue has been initiated within the coalition partners of Pakistan Democratic Movement (PDM). He further said that it is agreed that heads of all political parties shall meet with the opposition parties to arrive at a consensus date for holding the general elections to the said assemblies simultaneously.
On behalf of the PML-N, Khawaja Saad Rafique endorsed the statement of Faroorq H. Naek and expressed willingness of his party to enter into negotiations with all political parties to arrive at a consensus date for holding of general election simultaneously.
Qamar Zaman Kaira, for PPP; Engineer Sabir Hussain Kaimkhani for MQM-P; Tariq Bashir Cheema of PML-Q; Israr Ullah Tareen for BAP and Sardar Ayaz Sadiq duly instructed on behalf of BNP (Mengal) adopted stance of the Naek and Khawaja Saad Rafique.
“The PTI’s Vice President Makhdoom Shah Mahmood Hussain Qureshi assured the court that notwithstanding the misgivings of his party with the political environment and disposition, his party was willing to move forward within the framework of the Constitution of Islamic Republic of Pakistan, 1973 to negotiate on an agreed date for holding of General Elections of the National Assembly and four Provincial Assemblies simultaneously”, stated in the order.
However, Qureshi emphasised that the process of negotiations should not be open ended and not to be turned into a ploy for delaying elections, which is the apprehension of his party. He further submitted that such process should be regulated by a timeframe to ensure that the outcome is accomplished expeditiously, failing which the Court’s decision for General Elections for the Provincial Assembly of Punjab to be held on May 14 be complied.
On the occasion, Sirajul Haq, Ameer Jamat-e-Islami, also appeared before the bench saying, “Dialogue and consultation is not an option in public affairs but a duty as enunciated in the Holy Qurán”. He submitted that the 1973 Constitution forms the inalienable basis for our political structure through democratic government for which elections are indispensable.
According to him the election is not a matter concerning two political parties only but the will of the nation as a whole, adding the world is changing and Pakistan must resolve its own issues. He has further stated that for a political dialogue it is essential for all participants to be flexible about their respective positions and the approach of the parties should not be dictated by ego or pride. He suggested a timeframe under which two important events ought to be accounted for: firstly, the wheat harvesting season in May and secondly the occasion of Hajj. According to him, General Elections could be held immediately thereafter.
It is pertinent to mention here that the Supreme Court – in its April 4 order – declared Election Commission of Pakistan’s (ECP) decision to postpone elections to the Punjab Assembly till October 8 “unconstitutional” and fixed May 14 as new date.
However, the National Assembly later passed a resolution rejecting the three-member Supreme Court bench’s verdict on the Punjab polls, stating that it would not provide funds to the ECP for polls.
Following the government’s move, the Supreme Court (SC) directed the State Bank of Pakistan (SBP) to release a total of Rs21 billion to the election commission for holding polls, but the central bank did not release the funds even after the deadline passed.
