ISLAMABAD: The Pakistani ruling coalition on Saturday petitioned the Supreme Court for the formation of a full court bench, except Justice Ijazul Ahsan and Justice Mazahar Ali Akbar Naqvi, to conduct suo motu proceedings on a delay in the announcement of dates for elections in the Punjab and Khyber Pakhtunkhwa assemblies.
In an attempt to force the government to hold early elections, former prime minister Imran Khan's PTI party dissolved the two provincial legislatures in January. Both regions account for more than half of the country's 220 million population.
Under Pakistani law, fresh polls for the two provincial assemblies should be held within 90 days, and Khan's PTI has been gambling on the national government being unable to afford to hold the provincial elections separately from a national election, which is otherwise due by October.
As the Election Commission of Pakistan’s (ECP) consultations with the attorney general and legal experts to decide on the election date ended inconclusively on Wednesday, Chief Justice of Pakistan Umar Ata Bandial took notice of the delay and announced the formation of a nine-member bench to consider who has the constitutional authority and responsibility to determine the election date.
However, the PML-N, PPP and JUI-F parties, which are part of Prime Minister Shehbaz Sharif-led ruling coalition in the center, filed a petition seeking the formation of a full court bench in the case, excluding Justice Ahsan and Justice Naqvi, who the parties said had a "definite opinion" in the case.
"It is therefore most respectfully prayed that the Honorable Court be graciously pleased to constitute a bench comprising of all judges of the Honorable Supreme Court of Pakistan (excluding Honorable Mr Justice Ijazul Ahsan and Honorable Mr Justice Sayyed Mazahar Ali Akbar Naqvi) to hear the titled petitions," it read.
"The prayer has been made in the best interest of justice and to strengthen the confidence of the public in the Supreme Court of Pakistan."
A two-member bench comprising Justice Ahsan and Justice Naqvi last week referred the matter to Chief Justice Bandial for suo motu proceedings. The election issue cropped up during the hearing of a case regarding the transfer of Lahore police chief Ghulam Mehmood Dogar.
The controversy over the provincial assembly election dates emerged after the respective acting governors of the two provinces refused to give a date for the polls. The matter is also pending in the Lahore and Peshawar High Court for adjudication.
President Arif Alvi, earlier this week, announced April 9 as the date for elections in KP and Punjab. He accused the governors of both provinces of delaying the elections, adding that it was his constitutional duty to announce polls in such an instance. The government, however, said Alvi did not have the right to take such a call.
