New SC bench hearing election delay case dissolved again

A four-member bench of the Supreme Court hearing PTI petition against the Election Commission of Pakistan (ECP) decision to delay polls in Punjab was dissolved once again after Justice Jamal Khan Mandokhail excused himself from hearing the case.

The bench was disbanded for the second time as the original five-member top court bench was dissolved following the recusal of Justice Aminuddin Khan on Thursday.

Chief Justice of Pakistan (CJP) Umar Ata Bandial today constituted a new four-member bench to hear PTI plea against delay in polls.

According to a supplementary cause list issued by the SC registrar today, the new bench included four judges i.e. Chief Justice of Pakistan Umar Ata Bandial, Justice Ijazul Ahsan, Justice Munib Akhtar and Justice Jamal Khan Mandokhail.

However, as soon as the proceeding began, Justice Mandokhail recused himself from the case. Justice Mandokhail said that despite being a member of the bench, he wasn’t consulted regarding the formation of the new bench.

Following this, CJP Bandial said that a new bench will be announced in the court shortly.

SC sets aside Justice Faez Isa’s ruling

The Supreme Court (SC) office on Friday rejected Justice Qazi Faez Isa’s observation regarding suo moto notices hearing.

On Wednesday, a three-member bench of the Supreme Court ordered to adjourn the hearing of cases of constitutional importance and suo motu notices.

A three-member bench of the court issued the order in a case of giving grace marks to Hafiz-e-Quran. The nine-page decision was written by Justice Qazi Faiz Isa, while Justice Shahid Waheed dissented from the decision.

“Justice Qazi Faez Isa used suo moto powers in judgment,” the SC Registrar Office said in a circular and added the judgment of Justice Isa and Justice Aminuddin does not apply to the larger bench hearing cases related to 184/3.

The SC while rejecting the decision of a three-member bench in a case of giving extra marks to Hafiz-e-Quran, turned down Qazi Faez Isa’s ruling in the case.

It may be noted that initially, a five-member bench was hearing PTI’s plea against the postponement of elections in Punjab by the Election Commission of Pakistan.

Punjab and KPK assemblies’ speakers Sibtain Khan and Mushtaq Ghani have filed a joint constitutional petition on behalf of the Pakistan Tehrik-i-Insaf.

The petition

PTI had challenged the election commission’s decision to change the date of election in Punjab and KP. Punjab and KPK assemblies’ speakers Sibtain Khan and Mushtaq Ghani have filed a joint constitutional petition on behalf of the Pakistan Tehrik-i-Insaf

The federation, Punjab and KPK were made parties along with the ministry of parliamentary affairs, ministry of law and the cabinet in the PTI petition

In the petition, PTI sought directions for the federal government to ensure law and order, provisions of funds and security personnel as per the ECP’s need to hold the elections.

It also requested the court to direct the Khyber Pakhtunkhwa governor to announce the date for elections to the provincial assembly.

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