After the dissolution of the provincial assembly, the Punjab government will need a caretaker setup, regardless of whether Governor Balighur Rehman approves the summary signed by Chief Minister Pervaiz Elahi or not.
Chief Minister Elahi’s advice for dissolution of Punjab Assembly is now pending with Governor Rehman.
However, according to the constitution, the assembly will be dissolved within the next 48 hours, even if the governor does not approve it.
One might think that Chief Minister Elahi would have to immediately vacate his post after the dissolution of the assembly – or hold on until elections like in other countries – but this is not the case.
Unlike the practice in other countries, Pakistan’s constitution stipulates that the caretaker government must be sworn in until a new government is elected by the people.
Article 224 of the Constitution defines the process of appointment of caretaker government at the Center and the provinces.
Since elections are going on in Punjab, we will consider only provincial level officials in caretaker government.
Till the caretaker government is formed, Elahi will continue his duties as Chief Minister for a few days.
Of all the elected representatives, the only incumbent is Punjab Assembly Speaker Sabatin Khan, who will hold office until the newly elected legislators are sworn in and elect their replacements.
For the establishment of a caretaker government, the Chief Minister will write a letter to the Leader of the Opposition in the Punjab Assembly, Hamza Shehbaz, asking for three names for the caretaker chief minister within 48 hours of the dissolution of the assembly and will suggest three names himself. .
If an impasse between the two leaders continues for three days, the Speaker will form a six-member committee of the outgoing Assembly with equal representation from the Treasury and the opposition.
The Chief Minister and the Leader of the Opposition will send two candidates to the committee.
The committee will then have three days to reach consensus on a name. If this also fails, the names of the nominated candidates will be sent to the Election Commission of Pakistan for a final decision within two days.
The selected candidate will perform his duties as the interim chief minister till the formation of the new government in the province. He also has the power to include the caretaker chief minister in his cabinet.
After the appointment of caretaker chief minister, the Election Commission of Pakistan (ECP) is bound to hold general elections in the province within 90 days.
The electoral body can conduct the elections within 22 to 45 days as constitutionally at least 22 days are required to scrutinize the nomination papers of the candidates.
Candidates will be given 29 to 30 days to campaign. Considering such a timeline, it is likely that the ECP will hold elections between March 1 and April 10.
