Background of Supreme Court Suo Moto in Punjab Provincial Assembly Election Matter
A dispute arose in appointing a date for elections in Punjab after dissolution of Provincial Assembly of Punjab. A political party i.e. Pakistan Tehreek-i-Insaaf (“PTI”) filed a writ petition in the Lahore High Court, Lahore under Article 199 of the Constitution. The single bench of Lahore High Court, Lahore decided the writ petition on 10.02.2023 and directed the Election Commission of Pakistan (“ECP”) to immediately announce the date of the elections, after consultation with the Governor of Punjab.
The ECP and the Governor of Punjab preferred intra-court appeals (“ICAs”) before the Division Bench of the Lahore High Court, Lahore (the “DB”) against the Single Bench judgment which are pending adjudication at the time of the decisions in the instant suo moto proceedings. However, the DB did not suspend the order of learned single judge and did not grant any interim relief as well.
Meanwhile on 16.02.2023 a two-member Bench of the Supreme Court took a suo motu notice of the same matter while apprehending the delay in holding general elections of Punjab Provincial Assembly during hearing of a petition on some other matter. The Hon’able Judges of Supreme Court referred the matter to Chief Justice Pakistan being a matter of public importance and fundamental rights to invoke the jurisdiction under Article 184(3) of the Constitution and the file was placed before the Hon’able Chief Justice Pakistan for appropriate orders.
In addition to abovementioned a couple of more Constitutional Petitions (CP No. 1 & 2) were filed on 18.02.2023 in the Supreme Court by PTI members and President of Islamabad High Court Bar Association on the same question of fact i.e. holding of elections within 90 days of dissolution of assemblies.
Upon the recommendation of the two-member Bench, the Hon’ble Chief Justice of Pakistan invoked the suo motu jurisdiction under Article 184(3) of the Constitution, by his administrative order dated 22.02.2023 (SMC No. 1 of 2023), and constituted a nine-member Bench to consider the questions of law framed in the petitions. The Constitution Petitions No.1 and 2 of 2023 were also fixed with before the nine-member larger Bench. The questions of law were framed to address the controversy before the Honorable Supreme Court of Pakistan.
Also Read
Judgement of Mansoor Ali Shah J.
Question of Law Framed in Suo Moto Case of Punjab Assembly
