Elections in Punjab, KP to be held in 90 days, rules SC in 3-2 verdict.

ISLAMABAD -- The Supreme Court, in a split verdict, ruled on Wednesday that elections for Khyber Pakhtunkhwa (KP) and Punjab assemblies should be held within 90 days.

The direction was given by the apex court in the suo motu notice verdict which was announced by Chief Justice Umar Ata Bandial today.

A five-member bench headed by CJP Bandial and comprising Justice Munib Akhtar, Justice Muhammad Ali Mazhar, Justice Mansoor Ali Shah, and Justice Jamal Mandokhail reserved the verdict after conducting hearings for two consecutive days - Monday till Tuesday.

In a three-two split decision the bench gave relief to the petitioners in the case, while two of the bench members objected to the admissibility of the pleas. Justice Mandokhail and Justice Shah have dissented from the majority verdict.

In the verdict the apex court noted that there are "different aspects and requirements" for holding polls but ruled that one thing that was "absolutely crucial is the timeframe" for the polls. It added that Constitution envisages two periods for holding polls - 60 days in case the assembly is dissolved after its term is completed and 90 days in case the assembly is dissolved before the expiry of its term.

The verdict then stated that the bench had three questions before it. One was on the "constitutional responsibility and authority for appointing the date" for the elections in various situations. The other question before the bench was how and when the constitutional responsibility is discharged.

The last question was on what constitutional responsibilities and duties the federation and the province have on general election.

The verdict then explained that there are three situations in which an assembly is dissolved and the role of the governor.

As per the court the first situation is set out in clause (2) of Article 112. It It added in such a situation the dissolution of the assembly is done via an order made by the governor at his discretion, subject to the previous approval of the president and fulfillment of the conditions set out therein.

"In this situation, the Assembly cannot, and does not, dissolve without an order being made by the Governor, and dissolves immediately on the making of the order," said the Supreme Court.

The Supreme Court said that the other situation is explained in the clause (1) of Article 112 where the assembly is dissolved on the chief minister's advice.

The court further said that such a situation "can be divided into two...

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