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Analysis of Justice Athar Minallah's Decision on Suo Motu Notice Proceedings for Delayed Elections in Punjab and Khyber Pakhtunkhwa

Analysis of Justice Athar Minallah's Decision on Suo Motu Notice Proceedings for Delayed Elections in Punjab and Khyber Pakhtunkhwa

Linguistic features:
Formal language used throughout the article
Technical terms related to legal proceedings such as "suo motu notice", "judgment", "verdict", "petition", etc.
Direct quotes from judges and their written orders
Passive voice used in some sentences, such as "the matter was referred back to the top judge" and "the ECP was directed to consult with President Arif Alvi for polls in Punjab and Governor Ghulam Ali for elections in KP."

Discourse features:
A complex and contentious legal issue involving multiple judges and a split decision
Different opinions and dissenting notes expressed by judges on the bench
Reference to previous court proceedings and decisions
Use of formal legal language to convey precise meanings
Discussion of the role of the CJP in reconstituting the bench and its impact on the final decision.
Analysis of Justice Athar Minallah's Decision on Suo Motu Notice Proceedings for Delayed Elections in Punjab and Khyber Pakhtunkhwa



The Supreme Court's Judge Athar Minallah has given a thorough note on the suo motu notice proceedings regarding the postponement of the elections in Khyber Pakhtunkhwa and Punjab, in which he notes that the matter was 4-3 dismissed. As there appeared to be a "lack of clarity" regarding the elections in Punjab and Khyber Pakhtunkhwa, the CJP took suo motu notice of them on February 22. When Judge Jamal Mandokhail objected to the start of the proceedings under Article 184 on February 23, the SC also issued a written order that was dictated in open court (3). However, the ECP was given permission by the majority decision, written by CJP Bandial, Justice Akhtar, and Judge Mazhar, to suggest a poll date that deviates from the 90-day timetable by the "bare minimum" in the event of any practical issue. Judge Mandokhail and Justice Shah, two of the four judges who had added notes to the order from February 23, disagreed with the decision. They maintained that Judge Ahsan and Justice Naqvi had voluntarily recused themselves rather than being removed from the bench. Because of this, "their short orders are very much part of the case," the administrative order of the Hon. Chief Justice reconstituting the bench "cannot brush aside the judicial decisions of the two Hon. Judges who had determined the matter when the case was heard by a nine-member bench." The many case proceedings that occurred on the topic since the assemblies were dissolved in January were mentioned in Judge Minallah's 25-page memo.

Source: https://www.dawn.com/news/1746411/elections-suo-motu-justice-athar-minallah-says-case-was-dismissed-4-3

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