Chief Justice Umar Atta Bandyal has said that how is it constitutionally possible for the elected government to remain for six months and the caretaker government for four years.
The Supreme Court started hearing on the Election Commission’s review petition related to the elections in Punjab. The hearing is being conducted by a three-member bench headed by Chief Justice Umar Atta Bandial, which includes Justice Ijaz-ul-Ahsan and Justice Muneeb Akhtar.
Lawyer Election Commission Sajeel Swati came to the rostrum. The Chief Justice said that it is the third day that the lawyers are listening to the arguments of the Election Commission, the arguments should be concise and brief, a lot of time has been wasted on the decision of the Supreme Court of India, tell us what is your real point.
Advocate Election Commission Sujeel Swati said that the Supreme Court rules cannot curtail the constitutional powers. On this, Justice Ijaz-ul-Ahsan said that how do the Supreme Court rules reduce the judicial constitutional powers? Note the points so far Done, go ahead. Lawyer Sujeel Swati said that the full court has declared in many cases that the scope of revision is not limited.
Justice Munib said that if we accept your logic, the Supreme Court Rules have practically become null and void. The lawyer said that sometimes the Parliament’s power to legislate is also limited in the meeting. In the case of contempt of court, the larger bench declared that the power of the Supreme Court cannot be reduced. The revision petition is actually a continuation of the main case.
The Chief Justice said that if you continue to shoot arrows in the air, we will continue to look at the sky, at least target and fire, what do you want to say? Justice Muneeb Akhtar said that you have made the scope of review even bigger than the main case. Vakil Election Commission said that it is necessary to have a caretaker government for the elections, the procedure for the appointment of the caretaker government is given in the constitution, the families of the caretaker rulers are included in the Election Commission.
Can’t be, in view of the transparency of elections, this ban has been imposed in the constitution. Justice Ejaz-ul-Ahsan said that if the provincial assembly is dissolved in six months, will the caretaker government remain for four and a half years? Four and a half years to wait for the dissolution of the National Assembly? The lawyer said that only the caretaker government will work in the respective province for four and a half years, one article of the constitution cannot be violated while doing every act, Article 254 can get legal support for ninety days delay, ninety days in the elections. Day delay treatment is possible.
The Chief Justice said that the remedy may be that a newly elected government can come for four and a half years, how is it possible in the constitution that the elected government should remain for six months and the caretaker government for four and a half years. Justice Ijaz-ul-Ahsan said that the 90-day period has also been given in the constitution. The caretaker government comes to hold elections in 90 days. Where is it written in the constitution that the caretaker government can be extended? caretaker government
