In respect of the issue in hand for conducting elections of Provincial Assembly of Punjab within 90 days two judges of the larger bench namely Mr. Justice Mansor Shah for himself and Justice Jamal Khan Mandokhail have given their verdict (the “Verdict”). The judges have declared SMC No. 1 of 2023 and the two Const. Petitions No. 1 & 2 of 2023 (the “Petitions”) under Article 184(3) of the Constitution as premature and do not constitue a fit case to be brought before Supreme Court at this point in time. Accordingly, the learned judges dismissed the aforementioned constitution petitions and dropped the suo motu proceedings.
It is noteworthy that Verdict is not made on the questions of law which were under consideration in the Petitions including the question of conducting elections within 90 days from the date of dissolution of assemblies. The Petitions were dropped/dismissed on the technical grounds of discussing the issue of jurisdiction of Supreme Court in light of the precedents contained in Monzoor Ellahi Case1 and Benazir Bhotto2 Case which was subsequently followed in Farough Siddiqui3 case. The main points of the decision is based on the principles explained as follows:
Read full Judgement in pdf by clicking this button
References:
Also Read
Back ground of the Suo Moto SMC 1/2023 in Punjab Assembly Elections
Question of Facts Framed in Suo Moto Case of Punjab Assembly