ISLAMABAD: Amid delays in election dates by the Election Commission of Pakistan (ECP), President Dr Arif Alvi on Monday announced April 9 as the date for holding elections in Khyber Pakhtunkhwa and Punjab – a move was rejected by the ruling coalition parties.
The President announced the date in exercise of his powers under Section 57 (1) of the Elections Act, 2017, he further asked the Election Authority to issue an election program in accordance with Section 57 (2) of the Act.
Last week, the President summoned Chief Election Commissioner (CEC) Sikandar Sultan Raja for an emergency meeting on February 20 (Monday) to consult on the date of the general elections. He criticized the ECP’s “strong approach”.
However, the Election Commission declined to consult President Alvi saying that the matter was already under judicial consideration.
In his letter to Chief Election Commissioner (CEC) Sikandar Sultan Raja, the President said he was taking an oath to protect, preserve and defend the Constitution under Article 42 read with the Third Schedule of the Constitution.
He wrote that there is no restraining order by any judicial forum, there was no bar in exercising his power and authority under Section 57(1) of the Elections Act, 2017, which conferred on him that power. that they “announce the date or dates. General elections shall be held after consultation with the Commission.”
The President added that he felt it necessary to fulfill his constitutional and legal duty to announce the date of the elections to avoid violation and violation of the Constitution and the law, i.e. holding the elections not less than 90 days.
The President further said that the Governors of Punjab and KP are not performing their constitutional duties to set a date 90 days after the date of dissolution of the Provincial Assemblies as per the Constitution.
He further said that the ECP is not fulfilling its constitutional responsibility of conducting the elections of Punjab and KP assemblies.
“Both constitutional offices are putting the ball in each other’s court, as the old Urdu proverb says, first aap nahi, first aap, thereby creating a serious risk of delay and violation of constitutional provisions.”
He pointed out that the election watchdog had already hinted the possible dates of the elections to the constitutional activists in their various dialogues stating their commitment to conduct the elections within ninety days.
The President further said that he had initiated a serious consultation process with the ECP to announce the date of general elections to the said assemblies under Section 57 (1) of the Election Act, 2017. However, the ECP replied that the Commission Can’t do that. Attend a meeting on the subject with the President’s office.
PML-N, PPP reject president’s move
Senior Pakistan Muslim League-Nawaz (PMLN) leader Talal Chaudhry, speaking to JEE News, said: “Elections cannot and will not be held on the direction of the President.”
Criticizing Pakistan Tehreek-e-Insaf (PTI) chairman Imran Khan for trying to “become the president of the country”, he said a real president should take care of his role.
Chaudhary further said that according to the constitution, the President has no authority to fix the date of elections.
He should refrain from mocking the office of the President and the country. he said.
The former Minister of State for Interior also said that Pakistan needs elections that fulfill the needs of the country and not those that fulfill the wishes of Imran Khan.
“There is a proper procedure for conducting elections in the constitution,” he said, adding that President Alvi was using his position “to make the elections controversial”.
Asked whether the PML-N intends to take the matter to court, the PML-N leader said it was pointless to do so as the verdict had no significance.
He further clarified that the problem is not that the PML-N is afraid of elections, saying “we are not even afraid of martial law,” but that the elections did not go according to Khan’s wishes.
He said that we have started preparing for the election, Maryam Nawaz is going to every district, holding rallies and conventions. We are ready for them.
Asked if it was possible that the elections would be held as per the President’s order, Chaudhry strongly denied the possibility and said that the ECP would fulfill its responsibilities.
He further said that since the president is seen playing the role of Khan’s lackey, he has taken the first step to make the elections controversial.
‘Announcing election date ECP’s prerogative’
Reacting to the political developments, Federal Minister for Planning and Development and senior Muslim League (N) leader Ahsan Iqbal said it was “the prerogative of the ECP” to announce the election date. He was of the view that the President should not have announced the date.
Referring to the economic crisis faced by the country, the minister said that one to two years are needed to bring Pakistan out of its difficulties.
He further said that the coalition government is taking all possible steps to put the country on the right track. He said that special measures are being taken to improve exports.
Senior leader of Pakistan People’s Party and former chairman of Senate Raza Rabbani said that the President does not have the authority to take a decision.
According to legal experts, the date should be given to the governor and the actual arrangements should be made by the ECP. However, the governor can only fix the date when he will sign the dissolution paper. In KP the governor signed the paper but not in Punjab. Therefore, this issue remains controversial.
