The Supreme Court suspended the decision of the Lahore High Court regarding the returning officers and district returning officers and ordered the Election Commission to issue the election schedule today while the court issued a notice to the petitioner Umair Niazi belonging to Tehreek-e-Insaf. done.
After Chief Justice of Pakistan Justice Qazi Faiz Isa and senior judges met with Chief Election Commissioner Sikandar Sultan Raja, an appeal was filed against the decision of the Lahore High Court by the Election Commission.
The Election Commission challenged the decision of the Lahore High Court in the Supreme Court, in which it was requested to annul the decision of the Lahore High Court and said that the Supreme Court should implement the decision to hold the elections on February 8.
A 3-member bench headed by Chief Justice Qazi Faiz Isa, comprising Justice Sardar Tariq Masood and Justice Mansoor Ali Shah, heard the case while the proceedings were telecasted live.
During the hearing on the appeal, the Chief Justice asked Election Commission’s lawyer Sujeel Swati whether it was too early to come at that time. He opined that the application was required today to hold the elections on February 8.
The Chief Justice remarked that what would have happened if I had left on the flight? Well, it is a constitutional obligation to be fulfilled.
The Election Commission lawyer said that the decision of the Election Commission to take the votes from the DROs bureaucracy was suspended by the Lahore High Court. The decision of the Lahore High Court has stopped the election process.
The Chief Justice said that I want to clarify regarding today’s bench, under the Supreme Court Practice and Procedure Act, benches are now formed, I wanted the most senior judges to join the bench and I have named the most senior judges. were recommended for the bench
He further said that Justice Ejaz-ul-Ahsan could not come due to his busy schedule, then we caused trouble to Justice Mansoor Ali Shah.
Vakil Election Commission took a position that the first priority for returning officers of the Election Commission is its own officers, the list of DROs and ROs is given by the government, PTI has said that transparent elections should be held under Article 218-3 of the Constitution. .
Justice Mansoor Ali Shah inquired whether there is anything in Article 218-3 that elections cannot be transparent.
The election commission lawyer said that PTI’s position is that the chief justice should be consulted for the appointment of ROs and DROs. The election commission had written a letter to the judiciary in February for judicial officers. The Islamabad High Court did not respond, the Peshawar High Court asked to refer to the Judicial Policy Making Committee.
The Chief Justice inquired whether the petitioner wanted to postpone the elections after the High Court’s letter.
The counsel for the Election Commission said in arguments that the petitioners say that the RO appointment of administrative officers should be terminated forever.
Justice Mansoor Ali Shah asked the lawyer of the Election Commission that this clause could have been challenged at any time, why was it done now? Has the Lahore High Court also suspended the notification of ROs of Sindh, KP and Balochistan? In total, how many officers and DROs were appointed?
The Chief Justice inquired that if the Election Commission does not conduct the election and the judicial officers do not conduct the election, then who will conduct the election? To this, the lawyer Election Commission replied that the first priority of the Election Commission was to get returning officers from the judiciary.
The Chief Justice remarked that what did the lawyer PTI want? How can the High Court issue a writ against its own court? The Supreme Court had decided the elections only on the request of PTI, stop the elections in the entire country on a request of Umair Niazi? Umair Niazi’s request is an insult to the order of the Supreme Court.
Justice Qazi Faiz Isa declared that the petition is an attempt to derail democracy and violate the order of the Supreme Court, should we take contempt of court action? Who is the applicant Barrister Umair Khan Niazi? Sujeel Swati said that the petitioner Barrister Umair Khan Niazi is related to Pakistan Tehreek-e-Insaaf.
On this, Justice Mansoor Ali Shah asked whether the petitioner gave the certificate of authorization on behalf of the party. Qazi Faiz Isa remarked that this means that the petitioner Umair Niazi does not want the election, so should we issue a contempt of court notice? This is a violation of the orders of the Supreme Court. If Election Commission officers and Deputy Commissioners do not conduct elections, who will conduct them?
Justice Mansoor Ali Shah inquired whether the Election Commission had taken returning officers from political parties. How many DROs and ROs were there across the country? Vakil Election Commission said that DROs are 148 and Returning Officers are 859.
The Chief Justice remarked that if the officers of the judiciary do not conduct the elections, the Election Commission and the Executive also do not conduct them, then who will? From this point of view, the goal is to postpone the elections. Whose constitutional responsibility is it to hold elections? Tell the judge to conduct the election himself, how is the judiciary issuing the order, are the judges who gave this order guilty of misconduct?
Justice Mansoor Ali Shah said that did Umair Niazi apply to the Election Commission before challenging it in the High Court? Vakil Election Commission said that the petitioner of PTI said that there is no confidence in the executive regarding elections, all the officers were changed as soon as the caretaker government came, Umair Niazi says that he is the Additional General Secretary of PTI.
Justice Qazi Faiz Isa remarked that tomorrow they will say that we do not have faith in the judiciary.
Justice Sardar Tariq Masood inquired that if the notification was suspended, why have you stopped the training? 7 days of training is done One day of training has been completed, the Supreme Court stopped the elections from being derailed, who is the obstacle in the way of the elections?
The Chief Justice asked that it is surprising to receive such orders from the judiciary, when was the election program to be released? The lawyer replied that the election schedule was to be released today.
On inquiry, the Attorney General said that there was a notice for assistance but the Additional Attorney General had appeared, I did not know about this case.
The Chief Justice remarked that the judge of the Lahore High Court had misconducted, the order of the Supreme Court was misconducted, the petition was filed, the judge who gave the injunction became the head of the larger bench.
Judicial decision
The Supreme Court suspended the decision of the Lahore High Court regarding ROs and DROs and declared the petition inadmissible.
The court ordered the Election Commission to release the election schedule today and said that the Election Commission has given an undertaking that the schedule will be released today.
The Supreme Court issued a notice to Umair Niazi on the request of the Election Commission and said that Umair Niazi should answer why contempt of court action should not be taken against him.
The court accepted the appeal of the Election Commission for formal hearing and issued notices to the federal and provincial governments.
The court adjourned the hearing indefinitely.
The arrival of the Chief Election Commissioner to the Supreme Court
Earlier Chief Election Commissioner Sikandar Sultan Raja met Chief Justice Qazi Faiz Isa in the Supreme Court, Justice Sardar Tariq and Justice Ejazul Hassan also participated in the meeting. Apart from this, Attorney General Mansoor Usman also attended the meeting.
Sources say that the Chief Election Commissioner came to the Supreme Court on the invitation of the Chief Justice and informed the judges about the injunction of the Lahore High Court.
According to the sources, the Chief Justice of Pakistan also met two senior judges before meeting the Chief Election Commissioner, the Chief Justice consulted with the senior judges regarding the order of the Lahore High Court, after the consultation, the Attorney General and the Chief Election Commissioner were summoned.
How many days is the election schedule?
If the general elections are to be held on February 8, then the Election Commission has to issue the election schedule by today or tomorrow and the election schedule is 54 days.
According to the election schedule, December 17 is the first day and February 8 is the 54th day.
The matter of election
It should be remembered that the Election Commission has announced to hold general elections across the country on February 8, 2024, but a few days ago Pakistan Tehreek-e-Insaaf challenged the decision of the Election Commission to hire bureaucracy for the general elections in the Lahore High Court.
On the request of Pakistan Tehreek-e-Insaf yesterday, the Lahore High Court suspended the Election Commission’s notification of taking the services of the bureaucracy for the elections, while today the Lahore High Court also constituted a 5-member larger bench headed by the Chief Justice of the Lahore High Court on this matter. Daya who will hear the case on December 18.
