Islamabad: In the case of general election Date Announcement, the Supreme Court issued a 41-page note authored by Justice Athar Minallah regarding the judgment on the date of the general elections. According to the note, Justice Minallah highlighted that the National Assembly was dissolved on August 09, 2023, and, as per constitutional provisions, general elections were mandated to take place within ninety days, culminating no later than November 07, 2023.
Justice Minallah clarified that, per Article 48(5) of the Constitution, the responsibility to ‘appoint’ a date rested with the President, while the announcement was the Commission’s duty under section 57(1) of the Act of 2017. The court explicitly stated it had no authority to appoint a date, emphasizing that this power was not within its jurisdiction.
The Attorney General, as per the note, did not contest that a violation occurred in Punjab and Khyber Pakhtunkhwa. The court directed the Attorney General to notify the President and the Commission about the constitutional breach, emphasizing that the duty to ensure timely elections rested with the President, governors, and the Commission.
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Despite constitutional violations, the note revealed that the date of February 08, 2024, was appointed by the President and announced by the Commission. Justice Minallah asserted that this action did not absolve them of accountability for the serious violation of Article 224(2) and the resulting denial of rights to the Pakistani people.
The note emphasized the severity of the violation, stating that it cannot be cured, condoned, nor deemed immune from accountability. The 125,626,390 registered voters were deemed victims, and the responsible authorities, namely the President, governors, and the Commission, were held accountable for causing injury and loss.
Justice Minallah further underscored that the appointment of caretaker governments was temporary, lasting only until the election of a Leader of the House within the specified constitutional period. The Commission’s primary constitutional duty was highlighted, emphasizing the importance of holding delayed elections fairly, freely, and transparently to prevent grievances.
