Earlier today, the SC directed PTI and the coalition government to decide a date for the polling, and asked for the two sides to 'sit down and come up with a decision'.
"Even if we take a decision [on the matter], the litigation will continue and this will be very costly for the public and political parties," Chief Justice of Pakistan Umar Ata Bandial had observed.
The top judge had made the remarks as a five-member bench resumed the proceedings into the case.
On the occasion, the counsel for the PMLN implored the court for more time, saying consultations are needed on the matter.
The lawyer representing the PPP said that the president issued the polling date without the premier's advice on the matter. "The president did not even consult the ECP and this was unconstitutional."
Farooq H Naek said, “The [PPP] leadership says that giving the election date is not the job of political parties."
During the hearing, the top judge observed that none of the institutions, other than the court, had the authority to extend the polling beyond 90 days.
A day earlier, a nine-member larger bench of the apex court was dissolved after four judges dissociated themselves from the case. The nine-member bench comprised Chief Justice Umar Ata Bandial, Justice Ijazul Ahsan, Justice Munib Akhtar, Justice Syed Mazahar Ali Akbar Naqvi, Justice Syed Mansoor Ali Shah, Justice Jamal Khan Mandokhail, Justice Yahya Afridi, Justice Athar Minallah, and Justice Muhammad Ali Mazhar. Major ruling political parties had sought recusal of Justice Ahsan and Justice Naqvi from the larger bench.
And, he maintained, the court can only pass these directives on solid grounds. "Article 254 puts a curtain on the delay in the time for elections,” he added.
According to the Article 254 of the Constitution: "When any act or thing is required by the Constitution to be done within a particular period and it is not done within that period, the doing of the act or thing shall not be invalid or otherwise ineffective by reason only that it was not done within that period."
Those present in the court today, included Barrister Ali Zafar, Attorney General of Pakistan Shehzad Ata Elahi, President Supreme Court Bar Association Abid Zuberi, and lawyers Kamran Murtaza (JUI-F), Farooq H Naek (PPP) and Salman Akram Raja representing President Arif Alvi.
A day earlier, a nine-member larger bench of the apex court was dissolved after four judges dissociated themselves from hearing the case.
The nine-member bench comprised Chief Justice Umar Ata Bandial, Justice Ijazul Ahsan, Justice Munib Akhtar, Justice Syed Mazahar Ali Akbar Naqvi, Justice Syed Mansoor Ali Shah, Justice Jamal Khan Mandokhail, Justice Yahya Afridi, Justice Athar Minallah, and Justice Muhammad Ali Mazhar.
Earlier, major ruling political parties had sought the recusal of Justice Ahsan and Justice Naqvi from the larger bench.