The Lahore High Court issued a written decision on the request of Tehreek-e-Insaf to hold elections in Punjab.
The written decision said that the Election Commission should announce the date of the immediate election for the Punjab Assembly and issue a notification after consulting the Governor.
The court said in the written decision that it should be ensured that the 90 days period given in the constitution is not exceeded.
The judgment said that under the penumbra doctrine no single provision of the Constitution should be read in isolation, under the penumbra doctrine the context and principles of the Constitution should be seen as a whole.
According to the court decision, the responsibility of the Election Commission to give the date of the general election is in accordance with the constitution and the election laws under Penumbra.
In Article 224-2, it is not written that if the assembly itself is dissolved, who has the authority to give the date, that is why the powers of the Election Commission have to be looked at.
In the written decision, it was said that under Article 218-3, it is the responsibility of the Election Commission to conduct elections, under Article 219-D, the charge of conducting elections for national and provincial assemblies is with the Election Commission.
The judgment further said that none of the parties denied that the period for conducting the election in the constitution is 90 days, the difference is on giving the date of the election.
