The bench, led by Chief Justice Umar Ata Bandial and comprising Justice Ijazul Ahsan, Justice Munib Akhtar, Justice Amin-Ud-Din Khan, and Justice Jamal Khan Mandokhail, was hearing a petition filed by the Pakistan Tehreek-e-Insaf (PTI) against Election Commission of Pakistan's (ECP) order to defer the Punjab polls until October 8.
ISLAMABAD: (UrduPoint,Pakistan Point News-March 30th, 2023) Justice Aminuddin Khan withdrew from a five-member Supreme Court bench that was hearing a case about the delay in elections in Punjab and Khyber Pakhtunkhwa.
The bench, led by Chief Justice Umar Ata Bandial and comprising Justice Ijazul Ahsan, Justice Munib Akhtar, Justice Amin-Ud-Din Khan, and Justice Jamal Khan Mandokhail, was hearing a petition filed by the Pakistan Tehreek-e-Insaf (PTI). The PTI had challenged the Election Commission of Pakistan's (ECP) order to defer the Punjab polls until October 8, citing security and financial constraints.
In the National Assembly, the Federal government approved the Supreme Court (Practice and Procedure) Bill 2023, which limits the powers of the Chief Justice of Pakistan, in a concurrent development.
During Wednesday's hearing, the top court's March 1 ruling on the matter came into question as Justice Mandokhal and Justice Munib Akhtar disagreed over the validity of the verdict. Justice Mandokhail contended that the top court had dismissed the suo motu case regarding elections with a 4-3 majority and that no order for elections had been issued. Justice Munib Akhtar countered that the minority decision could not supersede the majority decision and that the law was clear on this point.
CJP Bandial said that the top court wanted to promote the political process and that it was necessary to reduce political tensions to proceed with the polls. The chief justice remarked that the election could be postponed in the vulnerable areas of Punjab and Khyber Pakhtunkhwa, but it was unreasonable to delay the elections in both provinces. The court will hear the advocate generals of Punjab and KP and other parties if necessary.
