| Citation(s) |
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| 2023 SLG 2053 2023 SLD 2053 = 2023 PLD 179 |
Write Petitions Nos. 5851, 6118, 6093 and 6119 of 2023, decided on 10th February, 2023.
Before Jawad Hassan, J
For
Respondents. Muhammad Shahzad Shaukat with Muhammad Nasir Chohan, Rana Asadullah, Rana Mashood Ahmad, Advocates Supreme Court, Barrister Taha, Shaukat, Barkaat Asif, Muhammad Ahsan Nasrullah Dhillon, Saad Salman Parvez, Ali Raza Shah for the
Respondent No.1. Shezada Mazhar, Advocate Supreme Court with M. Jawwad Khan Lodhi, Asad Raza and M. Ahmad Khan Niazi along with Khurram Shahzad, A.D.G. Legal, Ch. Umar Hayat, Director Legal, Imran Arif Ranjha, Legal Advisor and Hafiz Adeel Ashraf, Assistant Law Officer for Election Commission of Pakistan. Mirza Nasar Ahmad, Additional Attorney General with Nasir Javed Ghuman, Deputy Attorney General and Asad Abbas Dhother, Assistant Advocate General. Zahid Zaman, Chief Secretary, Government of Punjab. Dr. Usman Anwar, Inspector General of Police, Punjab. Dr. Asim Murtaza Cheema, Civil Judge/Research Officer, Lahore High Court, Lahore. Dates of hearing: 30th January, 3rd, 9th and 10th February, 2023.
PAKISTAN TEHREEK-E-INSAAF through General Secretary and others--Petitioners
VERSUS
GOVERNMENT OF PUNJAB and others---Respondents For Petitioners Senator Barrister Syed Ali Zafar, Uzair Karamat Bhandari, Barrister Ahmad Pansota, Dr. Ali Qazilbash, Safdar Shaheen Pirzada, Advocates Supreme Court, Syed Mohammad Aslam Rizvi, Saad Ullah, Barrister Ahtasham Mukhtar, Imran Iqbal, Ahmad Abdul Rehman, Barrister Ahmad Asfandyar Waheed, Asna Ahsan, Sara Majeed, Fariha Arif, Sikandar Sultan Ch., Abdullah Arif, Muhammad Asfandyar Khan Lodhi, Rabbiya Ali, Mian Ihsan ul Haq Sajid. Asad Umar, Fawad Ahmad Ch., Ahsan Khawar, Shibli Faraz, Omar Ayub, Major Sarwar, Riaz Fatyana, Mian Aslam Iqbal, Sibtain Khan and Ashraf Sohna. Mohammad Azhar Siddique, Advocate Supreme Court with Ahmad Imran Ghazi, Ashad Azhar, Mian Shabbir Ismail, Irfan Mukhtar, Munir Ahmad, Salma Riaz and Amna Liaqat (in W.P. No.6118 of 2023). Muhammad Nouman Shams (in W.P. No. 6093 of 2023) with Petitioner, Zaman Khan Vardag. Ch. Shahid Iqbal (in W.P. No. 6119 of 2023).
Law: Constitution of Pakistan, 1973
Section: 105(3) , 112 , 218(3) , 220 , 224 , 224(2) , 219(d)
(a) Constitution of Pakistan---
----Arts. 105(3), 112, 218(3), 219(d), 220 & 224---Elections Act (XXXIII of 2017), Preamble---Elections of Provincial Assembly---Constitutional obligation of the Election Commission of Pakistan to announce date of elections under the doctrine of penumbra---Scope---On advice by the Chief Minister, the Governor abstained from exercising his constitutional powers to dissolve the Provincial Assembly, however, the Assembly stood dissolved by operation of law in terms of Article 105 of the Constitution---Although, Art. 224(2) read with Arts. 105 & 112 of the Constitution do not specifically mention the authority to declare a date of election in a Provincial Assembly in case it stands dissolved by operation of law but when Arts. 218(3), 219(d), 224(2) & 220 of the Constitution are considered together being connecting and relevant provisions, the obligation and duty of the Election Commission of Pakistan to declare the date of general election for the Province comes within the penumbra of these constitutional provisions and elections laws.
Without any shadow of doubt, 90 days' time is mandated in the Constitution for fixing/announcing the "date of election" of Provincial Assembly after its dissolution in terms of Article 105 and time frame provided under Articles 112 and 224(2) of the Constitution.