Notice to hold elections: 'Will try to end the hearing tomorrow'
Notice to hold elections: 'Will try to end the hearing tomorrow'

importent point
Punjab, KP election notice by itself, separate from four judges' case
Will try to finish the hearing tomorrow at 9.30 am: Chief Justice
The situation in Khyber Pakhtunkhwa is different from Punjab: Barrister Ali Zafar
Instructions to submit the reply to the Secretary of the Governor Khyber Pakhtunkhwa
Right now, only history is being discussed, the relationship has not happened: Justice Mansoor Ali Shah
Adjournment of the hearing of self-notice until 9:30 am on Tuesday
Justice Muneeb Akhtar raised the question that 'how can it be that elections are not held on the basis that there is no money.'
Justice Muneeb Akhtar said, "Isn't it strange that the President gives the date by consultation and the Governor by his own will?"
Chief Justice Umar Atta Bandyal remarked that 'the governor must consult someone.'
Justice Mansoor Ali Shah said that if the government announces the election in a week, what will the Election Commission do? All the work of elections has to be done by the Election Commission.
The hearing of the suo motu notice in the Supreme Court has been adjourned till 9:30 am on Tuesday.
Addressing Barrister Ali Zafar, Justice Mansoor Ali Shah said, "You are saying that if the Governor does not give the date, then the Election Commission should give the date more?"
Lawyer Ali Zafar replied that it is the responsibility of the Election Commission to hold elections. If the governor dissolves the assembly, the governor will also give the date.
Chief Justice Umar Atta Bandyal said that 'if there is another situation, the Election Commission will act.'
Barrister Ali Zafar took the stand that if the Governor does not give the date, the President will give the date.
On which the Chief Justice inquired that 'when the governor gives the date, can he only give the date or can he give any consideration to it?'
Justice Jamal Mandukhel asked that 'if the Election Commission is willing but there are no resources, then what will happen?'
Barrister Ali Zafar replied that it does not mean that there should be no elections for 10 years.
Justice Muneeb Akhtar said that 'Cricket is happening all over Pakistan but elections cannot be held.'
Justice Mansoor Ali Shah remarked that 'now only history is being discussed, the relationship has not been established. It will be dated later.
On Justice Mansoor Ali Shah's remarks, the court room erupted with laughter.
Justice Jamal Mandukhel clarified that it is the responsibility of the governor to issue the order to dissolve the assembly when the summary comes, the governor will also give the date of the elections in his order.
Justice Mansoor Ali Shah inquired that if the Governor does not give the date, can the Election Commission conduct elections by itself?
On which Barrister Ali Zafar took the stand that 'Election Commission is a constitutional body, it should have authority.'
The Chief Justice said that the Parliament has clearly written in the Election Act that the President can also give the date. How can the insight of the Parliament be evaluated?
During the hearing of the suo motu notice, Justice Muneeb Akhtar asserted that in 1976 the Constitution was silent as to whose responsibility it was to give the date of the election. The Assembly empowered the President and the Governor to give the date by amendment.
He said that 'as far as Punjab is concerned, the President may have given the correct date.'
About 6 hours ago
During the hearing of the spontaneous notice, Justice Mansoor Ali Shah inquired that under Article 112 (3) can the governor dissolve the assembly on his own? In Article 112, there are two situations that the Governor approves the dissolution of the Assembly or not?
He pointed out that in sub-clause one of Article 112, it is the discretion of the Governor to dissolve or not. Now tell me whether the governor has discretion or his role is mechanical?
Justice Muhammad Ali Mazhar made it clear that the Governor's discretionary powers cannot be questioned.
Justice Mansoor Ali Shah raised the question that what will happen if there is a war or an earthquake in the country on the day of the election? Natural calamities can happen even if the governor gives the date of elections.
He said that if there is a war or a curfew, how will the elections be held?
Barrister Ali Zafar replied that the law mentions floods and natural disasters, not war. The Election Commission can postpone polling at certain polling stations.
About 7 hours ago
During the hearing of the suo motu notice, Justice Muneeb Akhtar said that even if the governor sends back the summary, the time of 48 hours will continue.
Justice Jamal Mandukhel inquired that 'if the governor sends back the summary, where will the 48-hour period start?'
On which Barrister Ali Zafar said, "In my view, the Governor cannot send back the summary of the dissolution of the Assembly."
The Chief Justice remarked that the Governor does not need any summary for the election date and caretaker government.
Urdu News
About 7 hours ago
After the break, the hearing resumed at four o'clock, and Justice Mansoor Ali Shah inquired, "Who issues the notification of dissolution of the assembly?"
Barrister Ali Zafar said that the notification of the dissolution of the assembly was issued by the Election Commission.
Justice Jamal Mandukhel asked whether the Election Commission can issue a notification of dissolution of the Assembly.
Justice Mansoor Ali Shah said that according to the records, the notification has been issued by the government, on which Justice Juman Mandukhel said that 'someone must have issued the order before the notification?'
Justice Mansoor Ali Shah said that the role of the governor is that of the post office in a parliamentary democracy. Can the governor dissolve the assembly at his discretion?
Justice Muneeb Akhtar pointed out that it is the discretion of the governor to approve or send back a summary, the governor has no discretionary power to dissolve the assembly.
He said that if the governor does not approve the summary, the assembly will automatically dissolve.
About 7 hours ago
Justice Jamal Mandukhel remarked that 'the court has to examine whether the election may be delayed due to law and order or any other reason.'
The Chief Justice clarified that Article 218(3) calls for free and fair elections. The Election Commission has to conduct transparent elections. Did the governor
Comments
Post a Comment