Implementation of May 14 Punjab election order not possible: CJP remarks

Chief Justice of Pakistan Justice Umar Ata Bandial has remarked that implementation of the Supreme Court’s decision regarding holding of elections in Punjab on May 14 was not possible.

The CJP made the remarks on Wednesday while hearing the review petition of the Election Commission related to the Punjab elections. A three-judge bench headed by CJP Bandial conducted the hearing. Justice Ijaz-ul-Ahsan and Justice Muneeb Akhtar were others members of the bench. The Supreme Court is also hearing the Review of Judgement and Order Act.

The apex court on April 4 last had ordered to hold elections in Punjab on May 14. On May 3, the Election Commission had filed a review plea as the ECP could not implement the decision of the Supreme Court.

At the outset of the hearing, while addressing the attorney general for Pakistan, the chief justice remarked what if the court would issue a notice in the case against the Act. The Supreme Court will hear the election case after the notice in the Review of Judgment and Order Act, the top judge added.

Then the chief justice asked Pakistan Tehreek-e-Insaf lawyer Ali Zafar to inform the court about his point of view on the Review Act.

Ali Zafar said that the Supreme Court Review Act is against the Constitution. He said that the same issue was raised in the SC Practice and Procedure Act. He said that the Supreme Court has already issued a stay order on the Practice and Procedure Act.

The lawyer pleaded with the court to complete the case as arguments in the Punjab Election Review case have almost been completed.

Justice Akhtar remarked if the Review Act applies on them, then the lawyer

of the Election Commission will have to give his arguments again in the larger bench.

How the court could hear the Punjab election case when the Supreme Court Review Act has been implemented, the judge inquired.

Chief Justice Umar Ata Bandial asked the lawyer to explain as how the Supreme Court Review Act does not apply on the Punjab polls review case.

The chief justice remarked: “Elections are a national issue. It is not possible to implement the decision of May 14. But this decision has become history. The court decision will remain in history that holding elections in 90 days is mandatory.”