Chief Justice Isa has Observed that Conducting Elections Within the Next 90 Days is Currently Unfeasible

In Islamabad, the Supreme Court of Pakistan recently addressed a plea concerning the timing of upcoming elections. Chief Justice of Pakistan (CJP) Qazi Faez Isa expressed his opinion that conducting elections within a 90-day period was "not possible" and expressed frustration over the delay in the case's listing for a hearing.

The CJP made these observations during a hearing of petitions calling for elections to be held within 90 days following the dissolution of the country's assemblies. The petitions were filed by various parties, including the Supreme Court Bar Association and Pakistan Tehreek-e-Insaf (PTI).

During the hearing, CJP Isa questioned the timing of the petition and the lack of preparation on the part of the petitioners. He also expressed skepticism about arguments related to the 2017 census, suggesting that such issues should have been raised earlier.

When asked when the 90-day period would end, the petitioners' lawyer, Abid Zuberi, indicated that it would be on November 3. However, he conceded that even if the Supreme Court were to order elections within 90 days, it would not be practically possible.

The CJP then suggested amending the petition and inquired about the possibility of issuing a notice to the president if he did not set a date for elections. The lawyer noted the president's immunity in response.

Justice Minallah interjected, emphasizing the constitutional requirement of the census and its impact on the timing of elections. He advised the lawyer to focus on the issue of holding elections within 90 days.

The CJP echoed the sentiment that holding elections within 90 days might not be feasible and asked for practical alternatives. The hearing was adjourned until November 2, with the court issuing notices to the Election Commission of Pakistan (ECP) and the federal government.

The ambiguity over the timing of the elections stems from the dissolution of the assemblies by the Shehbaz Sharif-led government, which aimed to allow elections to be held within 90 days. However, the ECP delayed elections due to the need for fresh delimitations following the 7th Population and Housing Census 2023, approved by the Council of Common Interest (CCI). The ECP subsequently announced that general elections would take place in late January 2024. Multiple petitions have been filed in the Supreme Court challenging this delay.