 
1
The Office has placed before me a request by a learned two 
member Bench of the Court, made in its order dated 16.02.2023 in Civil 
Petition No.3988 of 2022 that the suo motu jurisdiction of the Court 
under Article 184(3) of the Constitution be invoked. The request is 
made in the following terms: 
“…7. We note that the Provincial Assembly of Punjab stood 
dissolved on 14.01.2023 pursuant to the Advice of the Chief 
Minister, Punjab dated 12.01.2023. As such, elections to the 
Punjab Provincial Assembly are required to be held within 90 
days of the said date in terms of Article 224(2) of the 
Constitution. However, no progress appears to have taken 
place in this regard and there is a real and eminent danger of 
violation of a clear and unambiguous constitutional 
command. 
 
8. 
 In view of the fact that this matter is not before us in 
the present lis, we are not inclined to pass any order in this 
regard in view of the principle of law laid down by this 
Court in its judgment reported as Suo Motu Case No. 4 of 
2021: In the matter of  (PLD 2022 SC 306). We are, however, 
of the view that the matter brought to our notice during these 
proceedings raises a serious question of public importance 
with reference to enforcement of Fundamental Rights 
conferred by Chapter-1 of Part-II of the Constitution. 
Considering the fact that unless timely steps are taken to 
remedy the situation, there is an eminent danger of violation 
of the Constitution which we are under a constitutional, legal 
and moral duty to defend. We therefore consider it a fit case 
to refer to the Hon’ble CJP to invoke the suo motu 
jurisdiction of this Court under Article 184(3) of the 
Constitution, who may if he considers appropriate after 
invoking jurisdiction under the said Article constitute a 
bench to take up the matter. Let the office place this file 
before the Hon’ble CJP for appropriate orders. 
 
9. 
To the extent of Civil Petition No. 3988 of 2022 
alongwith all miscellaneous applications, the matter shall be 
taken up tomorrow i.e 17.02.2023.” 
 
2. 
The context of the request is that the Punjab and Khyber 
Pakhtunkhwa Assemblies were dissolved on 14.01.2023 and 18.01.2023 
respectively. In both cases, the then Chief Ministers tendered advice to 
their respective Governors under Article 112(1) of the Constitution to 
dissolve the Assembly. In the case of the Punjab Province the Governor 
chose not to act on the said advice so that the Assembly stood dissolved 
on the expiry of 48 hours, on the date mentioned above. In the case of 
 
2
the KPK Province, the Governor did act on the advice and made an 
order dissolving the Assembly on 18.01.2023.  
 
3. 
Almost immediately after the dissolution of both Assemblies a 
question was raised as to who had the constitutional responsibility and 
authority to appoint the date of the general election to obtain the 
mandate of the electorate and elect fresh Assemblies. It is to be noted 
that Article 224(2) requires that a general election be held within a 
period of 90 days after the dissolution, and the use of the word “shall” 
indicates that this is, prima facie, a constitutional imperative. 
 
4. 
In respect of the appointment of the date for the holding of the 
general elections to the dissolved Provincial Assemblies there is 
Constitution Petition No.1 of 2023 (Islamabad High Court Bar 
Association vs. Election Commission of Pakistan) already filed and 
pending in this Court prior to the making of the request by the Bench. 
Subsequently, Constitution Petition No.2 of 2023 has been jointly filed, 
inter alia, by Muhammad Sibtain Khan and Mushtaq Ahmad, Speakers 
of 
Punjab 
and 
Khyber 
Pakhtunkhwa 
Provincial 
Assemblies 
respectively, seeking the same relief.  
 
5. 
Apart from the foregoing, it appears that several petitions were 
filed in the Lahore High Court, inter alia, seeking compliance of the 
constitutional obligation imposed by Article 224(2). By judgment dated 
10.02.2023 a learned Single Judge in Chambers concluded that the 
authority lay with the Election Commission of Pakistan and called 
upon the same “to immediately announce the date of election of the 
Provincial Assembly of Punjab with the Notification specifying reasons, 
after consultation with the Governor of Punjab, being the constitutional 
Head of the Province, to ensure that the elections are held not later than 
ninety days as per the mandate of the Constitution.” Reportedly both 
the Governor and the Election Commission have filed Intra Court 
Appeals which are pending before a learned Division Bench of the 
High Court. It seems to be the Governor’s case that since he did not act 
on the advice tendered by the then Chief Minister and made no order 
dissolving the Assembly, he does not have the responsibility or 
authority to appoint the date for the general election. The Election 
 
3
Commission has, it appears, also taken the position that under the 
Constitution it has no authority to appoint the date for a general 
election, though it has categorically stated (as reported in the public 
media, both print and electronic) that it is fully committed to 
conducting the said election in accordance with the Constitution. At the 
same time, the Governor of KPK Province has also not appointed a date 
for the holding of the general election and a petition in this regard is 
pending before the Peshawar High Court. 
 
6. 
There is another material development in the last few days. It 
appears that subsequent to certain correspondence initiated by the 
President of Pakistan with the Election Commission, the President has 
taken the position that it is he who has the authority and responsibility 
for appointing a date for the general elections, in terms as provided in 
section 57(1) of the Elections Act, 2017. By an order made on 20.02.2023 
the President has appointed 09.04.2023 to be the date for the holding of 
the general elections in both Provinces and has called upon the Election 
Commission to fulfill its constitutional and statutory obligations in this 
regard.  
 
7. 
More than one month has now elapsed since the dissolution of 
the Provincial Assemblies and it seems prima facie that even the matter 
of appointing the date of the general elections which is the first step 
towards the holding of the elections, has still not been resolved. 
Constitutional authorities appear to hold divergent, and perhaps even 
conflicting, views on the issue. Thus, several Federal Ministers appear 
to have contested the authority asserted by the President. Since 
Ministers act under the constitutional rule of collective responsibility it 
appears, prima facie, that this is the view taken by the Federal Cabinet 
as a whole. There is, to put it shortly, a lack of clarity on a matter of 
high constitutional importance. It is also to be noted that statements 
attributed to the Election Commission have appeared in the public 
record to the effect that it is not being provided the requisite assistance 
and support, in particular by the provision of necessary funds, 
personnel and security, as would enable it to hold the general elections 
in accordance with the Constitution. 
 
 
4
8. 
Having considered the above, and the material placed before me, 
I am of the view that the issues raised require immediate consideration 
and resolution by this Court. Several provisions of the Constitution 
need to be considered, as also the relevant sections of the Elections Act. 
In particular, the issues involve, prima facie, a consideration of Article 
17 of the Constitution and enforcement, inter alia, of the fundamental 
right of political parties and the citizens who form the electorates in the 
Punjab and KPK Provinces to exercise their right to elect 
representatives of their choice to constitute fresh Assemblies and 
Provincial Cabinets. This is necessary for government in the two 
Provinces to be carried on in accordance with the Constitution. These 
matters involve the performance of constitutional obligations of great 
public importance apart from calling for faithful constitutional 
enforcement.   
 
9. 
Accordingly, I hereby invoke the suo motu jurisdiction of the 
Court under Article 184(3) of the Constitution and constitute a nine 
member Bench to consider, if so deemed appropriate, inter alia, the 
questions set out below. The Bench shall comprise of the following 
Hon’ble Judges:   
 
Mr. Justice Umar Ata Bandial, CJP 
Mr. Justice Ijaz ul Ahsan  
Mr. Justice Syed Mansoor Ali Shah 
Mr. Justice Munib Akhtar  
Mr. Justice Yahya Afridi 
Mr. Justice Sayyed Mazahar Ali Akbar Naqvi 
Mr. Justice Jamal Khan Mandokhail 
Mr. Justice Muhammad Ali Mazhar 
Mr. Justice Athar Minallah 
 
10. 
The questions referred for the consideration of the Hon’ble 
Bench if so deemed appropriate are, inter alia, as follows:  
 
a)  
Who has the constitutional responsibility and authority 
for appointing the date for the holding of a general 
election to a Provincial Assembly, upon its dissolution in 
the various situations envisaged by and under the 
Constitution? 
 
b)  
How and when is this constitutional responsibility to be 
discharged? 
 
 
5
c)  
What are the constitutional responsibilities and duties of 
the Federation and the Province with regard to the 
holding of the general election? 
 
11. 
The Office is directed to register an appropriate Suo Motu Case 
in the above terms and fix the same along with the petitions pending in 
the Court as noted above, and fix the same before the Hon’ble Bench on 
23.02.2023 at 2:00 pm. 
 
 
 
 
 
 
 
 
          Sd/- 
 
 
 
 
 
 
 
Chief Justice 
 
 
 
 
 
 
 
 22.02.2023.  
Addl. Registrar (Judicial) 
