CCI decision to hold elections on fresh census challenged in SC

ISLAMABAD, August 16 (SABAH): The Supreme Court Bar Association (SCBA) members, belonged to Professional Lawyers Group (Hamid Khan group) have challenged approval of digital census by Council of Common Interests (CCI) in Supreme Court of Pakistan.  

SCBA also requested SC to direct Election Commission of Pakistan (ECP) to announce date for the conduct of the elections within 90 days.

Supreme Court Bar Association through its secretary, Advocate Supreme Court Muqtadir Akhtar Shabbir, Advocate Supreme Court Shakeelur Rheman and Advocate Supreme Court Ms Bushra Qamar  filed a petition under Article 184/3 in the apex court. Federal of Pakistan, through Secretary Cabinet Division, Council of Common Interests (CCI), Province of Punjab, through its Chief Secretary, Province of Khyber Pakhtunkhwa, through its chief Secretary, Province of Sindh, through its Chief Secretary, Province of Balochistan through its Chief Secretary and Election commission of Pakistan (ECP), through its Chief Election Commissioner (CEC) have been made party in the petition.

In the petition, the SCBA sought suspension of the decision to hold elections on the fresh census for general elections.

The petitioners implored that the Election Commission of Pakistan should be ordered to announce the date of the elections immediately.

It has been also begged that the notification issued on August 5 should be declared illegal in light of the CCI decision.

In the meeting of the CCI, the caretaker Chief Ministers of KP and Punjab participated, the formation of the council was not constitutional. The council was not a relevant forum for holding elections based on the new census.

It has been stated in the petition that Article 224 Clause 2 of the Constitution mandates the holding of elections within 90 days. The court should declare that the Election Commission cannot extend the elections beyond 90 days.

It has been argued in the petition that the task of the caretaker governments is to conduct elections according to the constitution and law. The caretaker chief ministers cannot exercise the same powers as the elected chief ministers, it said. The caretaker chief ministers were not eligible to participate in the CCI meeting.