The Supreme Court Bar Association has challenged the decision to hold the upcoming general elections based on the fresh census.
The SCBA’s constitutional petition filed in the Supreme Court seeks suspension of the decision to hold elections on the fresh census for general elections.
It further demands that the Supreme Court order the Election Commission of Pakistan to hold general elections immediately in the country.
The SCBA says elections on the new census is an attempt to unconstitutionally delay the exercise.
According to the Constitution, it is the responsibility of the election commission to conduct elections within 90 days of the dissolution of an assembly.
In the petition, the federation, the Council of Common Interests, the four provinces and the Election Commission of Pakistan have been made parties.
The notification issued in light of the August 5 decision of the Council of Common Interests should be declared illegal.
The caretaker chief minister of Khyber Pakhtunkhwa and Punjab participated in the CCI meeting.
The formation of the Council of Common Interests was not constitutional, the petition maintains.
Clause 2 of Article 224 of the Constitution mandates that elections be held within 90 days.
The court ruled that the election commission cannot in any case extend the elections beyond 90 days, the plea states.
The Election Commission of Pakistan has no constitutional authority to delay elections on the basis of new delimitation.
The petition was filed by Supreme Court Bar Association President Abid Zuberi.
The quorum of the Council of Common Interests is not complete, the petition stated.
“How is it possible to implement the decisions of the council if it is not formed properly and the quorum is not complete?” the petitions questions.
