ISLAMABAD: The Su­­preme Court Bar Asso­cia­tion (SCBA) intends to challenge the federal government’s decision to hold next general elections on the basis of 2023 census before the Supreme Court, as well as launching a peaceful, nat­ionwide struggle to safeguard the Constitution.

“A petition to challenge the decision of the Council of Common Interest (CCI) will be filed before the Su­­preme Court of Pakis­tan,” says a joint statement issu­­ed here on Monday by SCBA President Abid Sha­hid Zuberi and Secretary Muqtedir Akhtar Shabbir.

The statement conde­m­ned the government’s de­­cision to conduct elections on the basis of the 2023 census and said it would inevitably cause an unconstitutional delay in holding of elections.

“It is incumbent upon the ECP to conduct general elections within the time frame given in the Constitution,” it said.

The SCBA said its leadership would call upon the legal community across the country to initiate a nationwide peaceful struggle to safeguard the Constitution and the rule of law if general elections were postponed beyond the constitutionally prescribed time frame.

Highlighting the Article 224(2) of the Constitution, the SCBA said it explicitly stated elections must be held within 90 days of the dissolution of assemblies. Therefore, the ECP is bound to announce a date for elections within 90 days and the same cannot be delayed on the basis of delimitation of constituencies.

As the recent increase in population requires an increased number of seats in provincial and national assemblies, the same can be done through a constitutional amendment, the SCBA added.

The provincial caretaker government’s involvement in CCI and the centre’s decision to conduct the general elections on the basis of the 2023 census was illegal and beyond their mandate under the law, the SCBA said.

Published in Dawn, August 8th, 2023