President Alvi announces polls in Punjab, KP will be held on April 9
Pakistan
ECP is not fulfilling its constitutional obligation, laments President Alvi
ISLAMABAD (Dunya News) – President Arif Alvi announced on Monday that elections in Punjab and Khyber Pakhtunkhwa would be held on April 9.
The date is being seen as symbolic by many as Imran Khan's government was removed on this very date one year ago.
In a decision under Section 57 (1) of Elections Act 2017, the president asked the Election Commission of Pakistan (ECP) to issue the election programme in accordance with Section 57 (2) of the Act.
In his letter to the chief election commissioner, the president said he was under oath to preserve, protect and defend the Constitution of the Islamic Republic of Pakistan under Article 42 read with third Schedule of the Constitution. He wrote that there being no restraining order from any of the judicial fora, there was no impediment to invoking the power and authority vested in him under Section 57 (1) of Elections Act 2017, empowering him to “announce the date or dates of the general elections after consultation with the Commission”.
— The President of Pakistan (@PresOfPakistan) February 20, 2023
Therefore, the president said, he had felt it necessary to perform his constitutional and statutory duty to announce the date of elections to avoid the infringement and breach of the Constitution and law i.e., holding of elections not later than 90 days.
President Alvi said the governors of Punjab and Khyber Pakhtunkhwa were not performing their constitutional duties for appointing a date, not later than 90 days from the date of dissolution of provincial assemblies as per the Constitution of Pakistan. He added that the ECP was also not fulfilling its constitutional obligation of holding polls for the assemblies of Punjab and Khyber Pakhtunkhwa.
“Both the constitutional offices are placing the ball in each other’s court, resulting in delay and creating a serious danger that constitutional provisions may be violated,” he said.
The president pointed out that the ECP had already indicated the possible dates of elections in its various communications to the constitutional functionaries showing its own responsibility of holding the elections within 90 days. He stated that he had initiated a serious consultation process with the ECP under Section 57 (1) of the Elections Act 2017 to announce the date for the elections of the aforementioned assemblies, however, the ECP replied that the commission could not participate in a meeting on the subject matter with the Office of the President.
He said that in the exercise of powers conferred upon him under Section 57 (1) of the Elections Act 2017, he was announcing the date of April 9, 2023 for holding elections of the provincial assemblies of Punjab and Khyber Pakhtunkhwa.
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Read also: ECP summons emergency meeting to discuss polls in Punjab, KP
Meanwhile, in connection with the president’s announcement over holding elections in Punjab and Khyber Pakhtunkhwa, the Election Commission of Pakistan (ECP) summoned an emergency meeting on Tuesday. The meeting will review the date announced by the president for holding the elections in both provinces.
As per the ECP spokesperson, the electoral watchdog will take any decision as per the law, after receiving the president’s letter.
Read also: ECP sticks to its guns on President Alvi's invitation to meeting on elections
The ECP persisted with its decision to not attend an urgent meeting called by President Dr Arif Alvi to discuss elections. Chief Election Commissioner Sikandar Sultan Raja took the final decision on Monday in a consultative meeting attended by the ECP top officials. The meeting discussed various aspects to decide whether the election officials should accept the invitation to the president’s meeting.
The ECP is of the view that it can't attend the meeting as the matters related to elections in Punjab and Khyber Paktunkhwa are being heard by various courts across the country.
An uncertainty prevails over elections in both provinces, where assemblies were dissolved in January last, as the top election body and governors are reluctant to announce a date for the polls. Earlier this month, the Lahore High Court (LHC) ordered the ECP to hold consultation with Punjab Governor Balighur Rehman and announce a date for the elections. It also ruled that the polls should be held within 90 days.
After no headway in the ECP and governor meeting took place, President Alvi sent a letter to the electoral body, inviting the CEC to a meeting to discuss elections.
In reply, the ECP sent a letter to the president on Sunday, stating that “the commission may not be able to enter into a process of consultation with the presidency as the matter was subjudice at various judicial fora.” The ECP letter, bearing the signatures of ECP Secretary Omar Hamid Khan, stated the final decision would be taken on Monday.
It noted that the Constitution did not empower the ECP to fix a date for a general election to an assembly in case of dissolution. The ECP pointed out that after dissolution of both provincial assemblies, the commission approached governors of both provinces for appointment of a date for elections.
The letter maintained that the ECP delegation approached the governor of Punjab for appointment of poll date but the governor refrained from providing an election date. The letter concluded that the commission had utmost respect for the President’s office.
Read also: Punjab, KP speakers approach SC for elections date
Speakers of Punjab and Khyber Pakhtunkhwa (KP) assemblies on Monday approached the Supreme Court of Pakistan (SCP) anew for the date for elections in the provinces.
Governors of the provinces, the Election Commission of Pakistan (ECP), President Dr Arif Alvi, and Punjab and Khyber Pakhtunkhwa (KP) governments have been nominated as respondents.
The plea stated that more than a month had elapsed since the dissolution of the assemblies but the governors had not announced the date for elections yet. “The apex court should order the provincial governors to announce the date for elections as the constitution binds the ECP to conduct elections within the time frame”, he added.
Read also: PILDAT president accuses Alvi of creating constitutional crisis
Pakistan Institute of Legislative Development and Transparency (PILDAT) President Ahmed Bilal Mehboob accused on Monday President Arif Alvi of creating a constitutional crisis by announcing himself to hold elections in Punjab and Khyber Pakhtunkhwa on April 9.
Speaking to media, Mr Mehboob said the president could not exercise executive powers. Giving his take in this regard, Mr Mehboob said the president could merely announce the election dates on the advice of the premier.
Continuing to talk about the matter, Mr Mehboob said the premier did not advise the president over the matter. Now the Supreme Court will give a ruling in this regard, he added.
