Question of Law framed in Supreme Court Suo Moto Case of Punjab Provincial Assembly Election Matters - Khalid Zafar & Associates

The following questions were framed in Suo Moto case of Supreme Court (SMC No. 1 of 2023)  regarding conducting the elections of Punjab Provincial Assembly in light of the Constitution of Pakistan:

  1. Who has the constitutional responsibility and authority for appointing the date for the holding of a general election to a Provincial Assembly upon its dissolution in the various situations envisaged by and under the Constitution?
  2. How and when this constitutional responsibility is to be discharged?
  3. What are the constitutional responsibilities and duties of the Federation and the Province with regard to the holding of the general election?

 

Whereas a question of legitimacy of the dissolution of the Provincial Assemblies before the lapse of time prescribed under Article 107 of the Constitution was raised the Honorable Supreme Court framed the following additional questions:

  1. Whether the power of a Chief Minister to make advice for the dissolution of the Provincial Assembly is absolute and does not require any valid constitutional reason for its exercise?
  2. Is a Chief Minister to make such advice on his own independent opinion or can he act in making such advice under the direction of some other person?
  3. If such advice of a Chief Minister is found constitutionally invalid for one reason or another, whether the provincial   assembly dissolved in consequence thereof can be restored?

 

Also Read

Judgement of Mansoor Ali Shah J.

Judgement of Athar Minallah J

Back ground of the Suo Moto SMC 1/2023 in Punjab Assembly Elections