Lahore High Court (LHC) Judge Jawad Hassan has remarked election should be held within 90 days.
We will find it who has to hold election within 90 days, he gave these remarks during the hearing of the PTI petition in connection with announcement of date in polls at Punjab Monday.
The court approved the PTI petition for hearing.
PTI had resorted to LHC last week in connection with announcement of date for polls in Punjab.
The petition was filed through barrister Zafar Ali making governor Punjab respondent through secretary.
PTI had taken plea in the petition that governor Punjab is not announcing date for holding election in Punjab which is violation of the constitution. More than 10 days have passed. But governor Punjab has not announced the date so far.
PTI said in the petition governor Punjab is violating his oath.
PTI requested the court to direct governor Punjab to give date for election in Punjab.
The petition came up for hearing before single bench of LHC led by Justice Jawad Hassan.
The counsel for PTI took the plea the governor has to announce the date for holding election following the dissolution of Punjab assembly.
Justice Jawad Hassan remarked “ your plea is this that governor should be directed to give date. Governor has not signed the dissolution of assembly. Assembly stood dissolved on its own. The election should take place within 90 days.
The court remarked election commission be made respondent in this case.
Barrister Ali Zafar made election commission respondent.
Justice Jawad Hassan inquired have you written to governor in connection with polls date.
The counsel for PTI said the constitution says the governor has to fulfill his constitutional obligation.
Justice Jawad Hassan remarked the elections have to held in 90 days. Who has to conduct them, we will find it.
Justice Jawad Hassan called Asad Umar on rostrum.
Justice Jawad Hassan remarked “ Asad Umar Sahb you should read the respective paragraph of the constitution with reference to election.
Asad Umar read out paragraph in the court.
He said that the terminology of political justice used in paragraph is also new for me.
Barrister Ali Zafar said it is binding on governor Punjab to give date for holding polls.
Justice Jawad Hassan remarked we are sitting here. We will struggle for democracy.
Barrister Ali Zafar remarked we have to see who has to give date for election.
Barrister Ali Zafar said president of Pakistan announces date for national assembly election.
Justice Jawad Hassan inquired from Barrister Ali Zafar have you filed petition regarding polls in KP.
He replied we will file petition in Peshawar High Court tomorrow.
Assistant Attorney General (AAG) remarked federal government does not represent governor. Governor is a separate constitutional office which is not represented by federal government .
Justice Jawad Hassan remarked government has 200 law officers. They do what. You have come without making preparations. Why the attitude of state counsel is so non serious. Here the matter is not of PTI but it is matter of people.
The court remarked important legal point has been raised in the PTI petition.
The LHC while accepting PTI petition for hearing issued notice to governor Punjab through secretary and election commission.
The court sought reply from them till February 03.
