The Supreme Court Bar Association (SCBA) on Monday decided to challenge the Council of Common Interest’s (CCI) decision to conduct general elections on the basis of 2023 census results, which may cause a delay in holding national polls in the country later this year. The CCI had unanimously approved the results of the 7th population and housing census on Saturday, a decision likely to result in a delay in the elections slated for November this year if the assemblies are dissolved on August 9, three days shy of their term completion. A new census means new delimitation of constituencies, which, according to some experts, may take at least four months. Read more: Census green light raises poll delay fears “Barrister Abid S. Zuberi, President and Muqtedir Akhtar Shabbir, Secretary Supreme Court Bar Association of Pakistan (SCBAP) strongly condemn the government's decision to conduct general elections on the basis of the 2023 census, which will inevitably cause an unconstitutional delay in the conduct of elections,” read a statement issued by the SCBA. The statement said that it is incumbent upon the Election Commission of Pakistan (ECP) to conduct general elections within the timeframe given in the Constitution. “Article 224 (2) of the Constitution makes it inexplicably clear that elections must be conducted within 90 days of dissolution of the assemblies,” it read. It stated that the ECP is bound to announce a date for the conduct of elections within 90 days and the same cannot be delayed on the basis of delimitation. “Whilst, the recent increase in population requires an increased number of seats in the provincial and national assemblies, the same can only be secured through a constitutional amendment.” Also read: MQM-P renews call for polls under fresh census It pointed out that the provincial caretaker government has only one mandate under the law and the Constitution and that is, ensuring fair and transparent elections within the time period stipulated under the Constitution. “Any involvement of the caretaker chief minister in the CCI and federal government's decision to conduct general elections on the basis of the 2023 census is illegal and beyond their mandate under the law,” it maintained. “The Honourable Supreme Court through its recent judgment in SMC No. 01/2023 and CP No. 01/2023 has made it clear that the time periods so set down in Article 224(1) and (2) respectively are constitutional imperatives that command complete fidelity." The SCBA stated that the conduct of elections on the basis of the 2023 census, which will inevitably delay the conduct of elections, is blatantly unconstitutional and against the fundamental rights of Pakistanis to be governed by a democratically elected government. “Such tactics to delay elections only serve to disenfranchise the Pakistani nation and weaken the rule of law in the country. Given the current political and constitutional crises in the country, all political parties and leaders must put their individual differences aside and further all efforts to ensure a just, speedy and transparent election in cooperation with the election commission in a fair and bipartisan manner. Then only can we hope to restore stability, democracy and rule of law in the country,” it said. It announced that the bar would challenge the decision of the CCI before the Supreme Court. “The above-mentioned office bearers of SCBA shall also call upon the legal community across the country to initiate a nationwide peaceful struggle aimed at safeguarding the Constitution and the rule of law in the event that general elections are postponed beyond the constitutionally prescribed timeframe. Such an action would signify a proactive stance by the legal fraternity to ensure that democratic processes and constitutional principles are upheld.” The statement further stated that the SCBA continues to stand with the rule of law, democracy and supremacy of the Constitution and will continue to vociferously advocate for the timely conduct of elections in a fair, just and transparent manner.
from Pakistan News, Latest News Pakistan, Pakistan Headline | The Express Tribune https://ift.tt/97n1GkL
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