Three political parties from the government have objected to two judges hearing the case on the delay in elections in KP and Punjab in the Supreme Court.
The PPP, PMLN and JUI-F who are part of the ruling coalition have said Justice Ijaz ul Ahsan and Justice Mazahar Ali Naqvi should recuse themselves. Both judges have been on several benches hearing key political issues involving the interpretation of the Constitution.
Their lawyer Farooq H. Naik read out a combined statement by the three parties, saying that after Justice Jamal Mandokhail’s note on Thursday, these two judges should recuse themselves from the proceedings.
However, the chief justice asked Naik how he had received a copy of the note when it was part of a written order that had not been signed yet.
Justice Mandokhail asked why was a political matter not being settled in the courts.
Justice Athar Minallah asked if it would be more appropriate for a full-court bench to hear the reference.
The chief justice remarked that Friday’s proceedings would be brief because all parties had to be heard. He remarked that it was “heartening” to see counsels for all parties appearing in court.
He then adjourned the proceedings till 11:30pm on Monday.
Chief Justice Umar Ata Bandial took notice of the delay in elections and has formed a nine-judge bench to hear the case.
The nine-judge bench is:
The top court took suo motu notice of the delay in elections in KP and Punjab after President Arif Alvi announced that elections will be held on March 9. The assemblied in the two provinces were dissolved in January, but despite the consitution saying that elections must be held within 90 days of the dissolution, no schedules have yet been announced.
The governors of the two provinces have told he Election Commission that they cannot give a date for the elections and that the ECP should consult law enforcement agencies to ensure that the security situation is stable enough to organise elections.
This story is being updated.