Tariq Aziz Advocate
2 min readMar 1, 2023

Then why the suo-motu?

More than fifty thousand cases are pending before the Supreme Court of Pakistan and the so-called recurring constitutional crisis became another hurdle for the fate of these cases.

As the Supreme court may take suo motu upon issues of public importance or violation of fundamental rights.

But the current issue is an exception to it, as in the Supreme law of the land, the Constitution of Pakistan and the Election Act it has clearly been mentioned.

According to Article 224(2) of the Constitution of Pakistan it is compulsory to hold election to the dissolved assembly within 90 days of the dissolution.

Although according to article 232 of the Constitution, election of the National Assembly may defer up to one year.

In case of Khyber Pakhtunkhwa assembly dissolution, the governor had signed the summary sent by the chief minister, so according to Article 105 of the Constitution the election will be held within 90 days and the governor shall announce the date for the election.

Moreover, the Punjab assembly has been dissolved upon the chief minister’s advice, so Article 105 is not applicable in this scenario.

But section 57 is quite clearer in this context that the president shall announce the date for election to the dissolved assembly after consultation with the Election Commission of Pakistan.

There is no need of taking suo motu by the Supreme court as in every aspect the law is clearer.

If the governors of the respective provinces, the Election Commission of Pakistan or the PDM government use delay tactics for deferring the election, the detailed procedure exists already in the form of Article 6 of the Constitution of Pakistan.