ISLAMABAD: The Election Commission of Pakistan (ECP) on Thursday responded to President Arif Alvi’s letter – in which he invited Chief Election Commissioner (CEC) Sikandar Sultan Raja – saying That the President has no authority to fix the date of elections after the amendments in the Constitution.
The development came in a meeting chaired by CEC Raja which deliberated on the matter and concluded that the meeting would be “less productive”.
Dr. Arif Alvi, in a letter to the CEC, said that since the National Assembly was dissolved on August 9, 2023, under Article 48 (5) of the Constitution, he (as President) is bound to fix a date beyond 90. A few days from the date of dissolution to hold general elections to the National Assembly.
“In view of this, the Chief Election Commissioner has been invited to meet the President today or tomorrow to fix a suitable date,” the letter said.
In response to the President, CEC Raja said that the National Assembly was dissolved under Article 58(1) of the Constitution on August 9, 2023 on the advice of the Prime Minister.
The letter pointed out that section 57 of the Elections Act, 2017 has been amended, after which the powers of the ECP have been increased with regard to conducting elections.
“That before the amendment of Section 57(1) of the Act ibid, the President was required to consult the Commission under Section 57 of the Elections Act. 2017, before fixing the date for the election. However, the amendment of Section 57 Thereafter, the Commission is empowered to announce the date or dates of general elections.
It further states that the President can fix the date of election if NA under Article 58(2) read with Article 48(5) of the Constitution.
The Election Commission noted that if the Assembly is dissolved from time to time on the advice of the Prime Minister or in accordance with Article 58(1) of the Constitution, the Commission considers and believes that the date or dates for the election has the power to set Depends exclusively on the commission.
“The Commission respectfully believes that reliance on the provisions of the Constitution referred to in your subject letter is not applicable in the present context,” the letter added.
The CEC also highlighted the issue of new delimitation after approving the results of the 2023 census which it said is “one of the fundamental legal steps towards elections”.
“As per the last ex-post census officially published on 7th August 2023, the Commission decided to delimit the constituencies provided under Section 17(2) of the Election Act, 2017, so that the candidates contesting For the protection of fundamental rights, political parties and voters guaranteed under Article 17(2) of the Constitution.
Responding to criticism over the delay in the elections, Raja said that the ECP is taking its responsibility of holding general elections very seriously and has also started the process of inviting major political parties to be heard on the electoral road map. is given
“Considering the above, the Commission is of the view that the outcome of the meeting will be minimal.”
