Source: File Photo
The Supreme Court Bar
Association (SCBA) has taken a bold stance by challenging the recent decision
to hold the upcoming general elections on the basis of a fresh census. The
move, which has raised eyebrows across the nation, questions the constitutional
authority of the Election Commission of Pakistan (ECP) to delay elections based
on new delimitation.
In a compelling
constitutional petition filed with the Supreme Court, the SCBA seeks not only
the suspension of the decision but also a resolute call for the immediate
holding of general elections within the country. This petition is rooted in the
belief that elections based on the new census not only run the risk of being
constitutionally unsound but also perpetuate an attempt to unjustly delay a
crucial democratic exercise.
It's vital to note that,
according to the Constitution, the responsibility of conducting elections
within 90 days of the dissolution of an assembly lies squarely with the
election commission. This fundamental principle, enshrined in Clause 2 of
Article 224, underscores the essence of a timely and democratic transition of
power.
The petition casts a
wide net by including not only the federation and the Council of Common
Interests but also all four provinces and the Election Commission of Pakistan
as respondents. One key point of contention is the legal status of the
notification issued following the August 5 decision of the Council of Common
Interests. The petition ardently argues that this notification should be deemed
illegal on constitutional grounds.
Within this complex
legal battle, the formation of the Council of Common Interests itself is
questioned. The petition asserts that its constitutionality is dubious, raising
important questions about the validity of the decisions emanating from such a
body. The participation of the caretaker chief ministers of Khyber Pakhtunkhwa
and Punjab in the CCI meeting further adds to the intrigue surrounding its
decisions.
Undoubtedly, the heart
of the matter rests on the interpretation of Article 224, which unequivocally
mandates that elections must take place within 90 days. The plea emphasizes
that this constitutional provision leaves no room for the election commission
to extend the electoral timeline under any circumstance.
Perhaps the most
significant argument presented in the petition is the assertion that the
Election Commission of Pakistan lacks the constitutional authority to delay
elections based solely on the new delimitation. This point has far-reaching
implications, as it challenges the very foundation upon which the decision to
hold elections rests.
The petitioner behind
this bold move is none other than the President of the Supreme Court Bar
Association, Abid Zuberi. His passionate pursuit of justice highlights the
importance of safeguarding the democratic process and adhering to the
principles set forth in the Constitution.
Central to the
petition's narrative is the incomplete quorum of the Council of Common
Interests. The petition raises a crucial question: How can the decisions of a
council be legitimately implemented if its formation is questionable, and its
quorum remains incomplete?
In a nation where the
democratic process is not only a right but a cornerstone of governance, the
SCBA's petition resonates deeply. As this legal battle unfolds, it carries
implications that stretch far beyond the courtroom, affecting the very essence
of Pakistan's democratic landscape. The outcome of this challenge could
potentially reshape the nation's electoral procedures, redefining the
boundaries of power and constitutional adherence in the process.
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