- Says he is obliged under Article 48(5) of Constitution to appoint a date not later than 90 days
- ECP invites PPP, PML-N, PTI and JUI-F for discussions on matters regarding elections
ISLAMABAD: President Arif Alvi on Wednesday wrote to Chief Election Commissioner (CEC) Sikandar Sultan Raja, inviting him for a meeting to “fix an appropriate date” for general elections on Thursday (today).
In a letter wrote to the CEC on Wednesday, Dr Arif Alvi cited the constitutional requirement for the president to decide a date for general elections within 90 days after the dissolution of the National Assembly (NA).
In the letter, posted on the Presidency’s account on X, the president noted that the NA was dissolved on the advice of then-prime minister Shehbaz Sharif on August 9 — three days ahead of its mandated period.
صدر مملکت ڈاکٹر عارف علوی کا چیف الیکشن کمشنر، سکندر سلطان راجہ، کو خط
صدر مملکت نے جنرل الیکشن کی تاریخ کا فیصلہ کرنے کیلئے چیف الیکشن کمشنر کو آج یا کل مُلاقات کی دعوت دے دی
صدر مملکت نے 09.08.2023 کو وزیر اعظم کے مشورے پر قومی اسمبلی کو تحلیل کیا، صدر کے خط کا متن pic.twitter.com/JpRXqcnHsw
— The President of Pakistan (@PresOfPakistan) August 23, 2023
“By virtue of Article 48(5) of the Constitution of the Islamic Republic of Pakistan, the president is obliged to appoint a date not later than 90 days from the date of dissolution for the holding of general elections of the assembly”, the letter read.
In view of this, he added, the CEC was invited to meet him today or tomorrow to set an “appropriate date” for elections.
While the president has cited the constitutional provisions that elaborate on his role in deciding the election date, a recent amendment to the Elections Act 2017 empowered the Election Commission of Pakistan to announce the dates for polls unilaterally without having to consult the president.
Alvi’s invitation to the CEC also comes against the backdrop of the Election Commission of Pakistan having ruled out elections this year, following the notification of the latest 2023 digital census.
Since the NA was dissolved three days before the end of its constitutional term, Article 224 of the Constitution mandates that elections be held within 90 days of the dissolution of the assembly.
But at the same time, Section 17(2) of the Elections Act states that “the commission shall delimit constituencies after every census is officially published.”
In line with this requirement, the ECP said last week the process of fresh delimitation of national and provincial assembly constituencies was expected to be completed by December 14 — over a month beyond the constitutionally mandated deadline for conducting general elections.
However, after the ECP’s announcement last week, a Dawn report quoted an official of the commission as saying that the electoral watchdog was not legally bound to “immediately” carry out fresh delimitation of constituencies after the official notification of census results.
‘President bound by PM’s advice’
Sharing his views on the president’s letter to the CEC, Chairman of Islamabad-based public policy think tank Pildat Ahmed Bilal Mehboob said it seemed that Alvi was aiming to exercise his prerogative under Article 48.
However, the president was bound by the prime minister’s advice and could not independently exercise this authority, he said while speaking to Geo News.
“If the president’s letter is based on the prime minister’s advice, it aligns with the Constitution. Otherwise, it deviates from the Constitution,” he added. “It is not the president’s discretionary power to set a date [for the elections].”
On the recent amendment to the Elections Act, he said the law was secondary to the Constitution but again emphasised that the president could not independently set an election date unless advised by the prime minister.
He further disagreed with the ECP assertion to hold elections after a fresh delimitation of constituencies.“Personally, I find this interpretation unsatisfactory. I believe the Constitution mandates elections … From my perspective, delimitations are not constitutionally necessary.”
Mehboob said he could see this matter “ultimately ending up in the Supreme Court”.
ECP writes to four parties for talks on polls
Meanwhile, the ECP has invited four political parties — the PPP, PML-N, PTI and Jamiat Ulema Islam-Fazl (JUI-F) — for discussions on matters regarding the upcoming general elections.
The commission has invited the parties through four separate letters to the heads of these parties.
The letters state that the ECP “is charged with the constitutional duty to organise and conduct elections in terms of Article 218(3) of the Constitution of the Islamic Republic of Pakistan and to make such arrangements as are necessary to ensure that the election is conducted honestly, justly, fairly and in accordance with the law and that corrupt practices are guarded against”.
They add: “Keeping in view the political scenario, the Election Commission of Pakistan has decided to take on board and invite your party to discuss the electoral roadmap with your feedback on […] the delimitation of constituencies, updating electoral rolls, conduct of general elections, schedule for elections and other related matters.”
The ECP has asked the party heads to hold these talks in person or through their representatives, with PML-N invited to its secretariat in Islamabad on August 25 at 11am, the JUI-F on August 24 at 3pm, the PTI too on August 24 at 2pm and the PPP on August 29 at 3pm.
@ArifAlvi calls @ECP_Pakistan for meeting on Aug 24 for fixing election date. ECP invites parties for discussion on same issue. Let’s hope and pray free fair elections on time. No delay pic.twitter.com/0882cVuQPe
— Farhatullah Babar (@FarhatullahB) August 23, 2023
“The names of the representatives/ participants who will participate in the said meeting may be shared with the office today positively,” the letters read.
PML-N confirms ECP letter
On the other hand, PML-N Information Secretary Marriyum Aurangzeb confirmed the letter from the ECP, saying the Election of Commission of Pakistan has invited for consultation on elections.
“The Election Commission of Pakistan has invited the PML-N to the election commission’s [office] on August 25 at 11am,” a statement posted by the PML-N on X (formerly Twitter) quoted her as saying.
پاکستان مسلم لیگ (ن) کی سیکریٹری اطلاعات مریم اورنگزیب کا بیان
انتخابی عمل پر مشاورت کے لئے سیکریٹری الیکشن کمیشن نے پاکستان مسلم لیگ (ن) کو باضابطہ دعوت دی ہے
الیکشن کمیشن نے پاکستان مسلم لیگ (ن) کو 25 اگست کی صبح گیارہ بجے الیکشن کمشن آنے کی دعوت دی ہے
پاکستان مسلم لیگ (ن)…
— PMLN (@pmln_org) August 23, 2023
The statement said the party had constituted a seven-member delegation for the talks, comprising Ahsan Iqbal, Azam Nazeer Tarar, Zahid Hamid, Rana Sanaullah, Saad Rafique, Amir Muqam and Attaullah Tarar.
Mock exercise of new Result Compilation System (RCS)
Meanwhile, mock exercise of the new Result Compilation System (RCS) has also been conducted which satisfied the ECP.
Chief Election Commissioner Sikandar Sultan Raja presided over a meeting wherein he was briefed on the RCS. During a briefing it was stated that the RCS allows the presiding officer to forward the results right away to returning officer via an app.
Similarly, the ROs will also be equipped to compile inconclusive results with the help of RCS. According to the election authority’s Media Coordination and Outreach Wing,
The regular mock exercises of RCS had been performed and its entire steps were inspected.
In recent years, the commission has come up with some systems in relation to dealing with election results, which include result transmission and management systems.
Moreover, the ECP revised the task pertaining to the National Assembly constituencies delimitation and four provincial assemblies following the first-ever digital census in 2023.
Accordingly, the commission forwarded essential communications to the provincial governments and the statistics department as well.
PM vows to ensure transparent and impartial polls
A day earlier, Caretaker Prime Minister Anwaarul Haq Kakar reiterated that the interim government would ensure holding of the upcoming general elections in the most transparent and impartial manner, accepted to all.
Talking to media after visiting Mazar-e-Quaid to pay tribute and offer Fateha, the prime minister said that the caretaker government would function in the limited time frame only to ensure the election process.
They would play their part in this regard by holding transparent and impartial polls, so that Pakistan could move through its constitutional transitional period, he added.
