| Citation(s) |
|---|
| 2023 SLG 2366 2023 SLD 2366 2023 SLD 1935 |
Supreme Court of Pakistan
Suo Motu Case No. 1 of 2023 and Constitutional Petitions Nos.1 and 2 of 2023, decided on 1st March, 2023. (Suo Motu Regarding Holding of General Elections to the Provincial Assemblies of Punjab and Khyber Pakhtunkhwa) Per Umar Ata Bandial, CJ, Munib Akhta
Present: Umar Ata Bandial, C.J., Syed Mansoor Ali Shah, Munib Akhtar,Jamal Khan Mandokhail and Muhammad Ali Mazhar, JJ
Abid S. Zuberi, Advocate Supreme Court, Shoaib Shaheen, Advocate Supreme Court assisted by Ayan Memon, Advocate, Ms. Amna Khalili, Advocate, Agha Ali Durrani, Advocate, Arif Ansari, Advocate for Petitioners (in Constitutional Petition No. 1 of 2023). Sye
Suo Motu Case No. 1 of 2023 and Constitutional Petitions Nos.1 and 2 of 2023, decided on 1st March, 2023. (Suo Motu Regarding Holding of General Elections to the Provincial Assemblies of Punjab and Khyber Pakhtunkhwa) Per Umar Ata Bandial, CJ, Munib Akhta
Present: Umar Ata Bandial, C.J., Syed Mansoor Ali Shah, Munib Akhtar,Jamal Khan Mandokhail and Muhammad Ali Mazhar, JJ
Abid S. Zuberi, Advocate Supreme Court, Shoaib Shaheen, Advocate Supreme Court assisted by Ayan Memon, Advocate, Ms. Amna Khalili, Advocate, Agha Ali Durrani, Advocate, Arif Ansari, Advocate for Petitioners (in Constitutional Petition No. 1 of 2023). Sye
ISLAMABAD HIGH COURT BAR ASSOCIATION ISLAMABAD through President Muhammad Shoaib Shaheen, Advocate Supreme Court, Islamabad and others---Petitioners
VERSUS
ELECTION COMMISSION OF PAKISTAN through Chief Election Commissioner, Islamabad and others---Respond
Law: Constitution of Pakistan, 1973
Section: 105(3)(a),107,112(2),224(1),224(2),184(3 )
Law: Elections Act, 2017
Section: 57(1)
(a) Constitution of Pakistan--- ----Arts. 105(3)(a), 107, 112(1), 112(2), 224(1), 224(2) & 184(3)---Elections Act (XXXIII of 2017), S. 57(1)---Constitutional petitions and suo motu proceedings regarding holding of General Elections to the Provincial Assemblies of Punjab and Khyber Pakhtunkhwa---Constitutional responsibility and authority for appointing the date for the holding of a general election to a Provincial Assembly, upon its dissolution in the various situations envisaged by and under the Constitution, and how and when such constitutional responsibility is to be discharged stated. Per Umar Ata Bandial, CJ, Munib Akhtar and Muhammad Ali Mazhar, JJ. (Majority view) The Constitution envisages three situations for the dissolution of a Provincial Assembly. In the context of the role of the Governor, the "first situation" is set out in clause (2) of Article 112. This envisages the dissolution of the Assembly by an order made by the Governor at his discretion, subject to the previous approval of the President and fulfillment of the conditions set out therein. In this situation, the Assembly cannot, and does not, dissolve without an order being made by the Governor, and dissolves immediately on the making of the order. The "second situation" is set out in clause (1) of Article 112, when the Chief Minister advises dissolution. This situation can be divided into two sub-categories; the "sub-category (a) of second situation" is where the Governor acts on the advice tendered and makes an order dissolving the Assembly. Here, the Assembly dissolves immediately on the making of the order. The "sub-category (b) of second situation" is where the Governor does not make an order of dissolution on the advice tendered. Here, the Assembly stands dissolved on the expiry of forty-eight hours from the tendering of the advice by the Chief Minister (i.e., by the efflux of time), and that does not require an order of the Governor. The "third situation" is set out in Article 107 of the Constitution. This provides that unless an Assembly is sooner dissolved (i.e., in terms of either of the two preceding situations), it stands dissolved after a term of five years. Here, the…
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