ISLAMABAD (Dunya News) - Justice Athar Minallah asserted on Thursday that any delay beyond the 90-day constitutional timeframe for holding general elections constituted a severe breach of the Constitution.
The judge expressed these views in an additional note related to the election date case.
Earlier in November, a three-judge bench of Chief Justice of Pakistan Qazi Faez Isa, Justice Aminuddin Khan and Justice Athar Minallah had heard a set of petitions demanding elections within 90 days after the dissolution of the National Assembly and provincial legislatures.
The court had instructed the Election Commission of Pakistan (ECP) to consult with President Dr Arif Alvi on the election date. After prolonged deliberations, the ECP settled on February 8 for the elections, contrary to the constitutional mandate of holding elections within 90 days after dissolution, which in this case fell on November 7 due to the early dissolution of the National Assembly.
The Elections Act’s Section 17(2) requires constituency delimitation after every officially published census. The ECP cited the need for fresh delimitation following the approval of the 2023 digital census, thereby postponing this year's elections.
Justice Minallah, in a comprehensive 41-page note, strongly condemned any delay beyond the stipulated 90-day period for elections as the most serious violation of the Constitution and a denial of citizens’ constitutional rights.
The judge accentuated that excluding Pakistani voters from the electoral process contradicted fundamental constitutional rights.
He pointed out that ensuring timely elections fell under the responsibilities of the president, governors and the ECP. By not adhering to this timeline, the judge stated that they made the Constitution unworkable, violating their duties outlined in both the Constitution and the Election Act of 2017.
Justice Minallah highlighted that the announced election date of February 8 didn’t absolve the breach of Article 224(2) and the consequent denial of rights to the people of Pakistan. He asserted that this violation was so severe that no remedy could rectify it.
The judge emphasised the role of the ECP in preventing delays and stressed its authority to advise and guide the government, independent of decisions that might impede timely elections. He stated that the ECP held the primary responsibility for ensuring elections within the constitutional timeframe.
Simultaneously, Justice Minallah underscored the need for neutrality from the president and governors in such matters. He asserted that the ECP couldn't remain passive if these authorities failed to act in accordance with their constitutional obligations.
In conclusion, Justice Minallah firmly stated that any attempt to condone or excuse the violation of the Constitution in holding elections was unacceptable. The ECP, commissioners and members bore the responsibility of proving they hadn't breached their duties and denied constitutional rights to the people.