In a significant additional note, Supreme Court’s Justice Athar Minallah has emphasized that even a single day's delay in holding general elections beyond the expressly provided time frame of 90 days is the "most grave violation of the Constitution and denial of the constitutional rights of the people."
Earlier this month, Chief Justice of Pakistan Qazi Faez Isa and the bench, including Justice Minallah and Justice Amin-Ud-Din Khan, ordered the government to conduct general elections on February 8. President Arif Alvi and Chief Election Commissioner Sikandar Sultan Raja unanimously agreed on this date during a meeting at the President’s House.
Justice Minallah, in his 41-page note, highlighted that a delay in holding general elections amounts to a suspension of the Constitution, breaching its foundational principles. He remarked that a constitutional impasse seemed to have been created by holders of public office, indicating a failure on the part of the president, governors, and the Election Commission of Pakistan (ECP) to resolve the situation.
The judge stressed that the duty to ensure the people's right to vote and representation within a 90-day period lies with the president, governors, and the commission. He expressed concern over the wrongful exercise of public powers, stating that it violates constitutionally guaranteed rights and renders the Constitution ineffective.
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