- Says in terms of Article 48(5), polls should be held by 89th day of NA’s dissolution
- Writes letter to CEC, saying it’s ECP responsibility to abide by constitutional, legal steps
ISLAMABAD: President Dr Arif Alvi on Wednesday wrote a letter to Chief Election Commissioner (CEC) Sikandar Sultan Raja, proposing November 6 as the date for general elections in the country.
The president, in the letter sent to the CEC, pointed out the National Assembly was dissolved on August 9 on the advice of then prime minister Shehbaz Sharif.
Citing Article 48(5) of the Constitution, he said it “empowers and mandates the president ‘to appoint a date not later than 90 days from the date of the dissolution, for the holding of a general election to the Assembly’”.
صدر مملکت ڈاکٹر عارف علوی کا چيف الیکشن کمشنر ، سکندر سلطان راجہ، کے نام خط
صدر مملکت نے 9 اگست کو وزیراعظم کے مشورے پر قومی اسمبلی کو تحلیل کیا، صدر مملکت pic.twitter.com/5W88oKxX62
— The President of Pakistan (@PresOfPakistan) September 13, 2023
The president said that in terms of Article 48(5), the general election to the National Assembly should be held by the 89th day of the date of dissolution of the National Assembly, i.e. Monday, November 6, 2023.
“In an endeavour to fulfil the constitutional obligations, the Chief Election Commissioner was invited for a meeting to devise the modalities of implementing the Constitutional intent and mandate who in reply took a contrary view that as per the scheme of the Constitution and framework of electoral laws, it was the domain of the Election Commission, and following publication of last preceding census on 07.08.2023, duly notified delimitation of constituencies was in progress, a mandatory requirement stipulated by Article 51(5) of the Constitution and section 17 of the Elections Act, 2017,” Dr Alvi said in the letter.
He said that the federal law ministry was also of a similar view as that of the ECP chief, adding that all four provincial governments are of the view that the announcement of the election date is mandate of the ECP.
“There is a consensus that to strengthen the federation and to promote unity and harmony amongst provinces and to avoid incurring of unnecessary expenses, general elections to the National Assembly and the provincial assemblies must be held on same day,” he added.
The president said that it was the responsibility of the ECP to abide by all the constitutional and legal steps stipulated under Articles 51, 218, 219, 220 and the Elections Act, 2017 for organising and conducting free and fair elections.
“Taking into account all the above, the Election Commission of Pakistan in consultation with provincial governments and political parties under the relevant provisions of the Constitution and in view that some of these matters are already subjudice, may seek guidance from the superior judiciary for announcement of a single date for general election to the national and provincial assemblies,” he concluded.
The president’s announcement came in the wake of divided opinions about the date for the polls among the stakeholders, raising concerns of another constitutional crisis in the country.
Sources had earlier revealed that the president is “hell bent” upon announcing the date of polls. They added that if the situation persists, the country may find itself in the throes of another constitutional crisis.
The insiders said that Alvi’s legal team, as well as the Attorney General for Pakistan have explicitly informed him that following amendments to the Election Act, he no longer has the authority to announce election dates.
Meanwhile, the Pakistan Tehreek-e-Insaf (PTI), the party to which Dr Alvi belongs, was insisting that the president immediately reveal the election date.
However, Caretaker Federal Minister for Information and Broadcasting Murtaza Solangi in an interview to a private channel had said that it was the ECP’s responsibility to hold free, fair, and transparent elections.
“The election commission will announce elections’ date,” Solangi said, adding that elections were to be held according to the last census but completing delimitation exercise was necessary before that.
The information minister said that the ECP has already issued the delimitation process schedule, adding that the political parties will be given 54 days for election campaign once the process of redrawing the boundaries of constituencies is completed.
Arif Alvi was elected as the President of Pakistan on September 4, 2018, and took the oath of office as the president of the Islamic Republic of Pakistan on September 9, 2018. His five-year tenure as the country’s president concluded on Friday.
‘All state organs should respect ECP’s authority’
Meanwhile, the federal and provincial law ministers Wednesday unanimously urged all organs of the state to respect the autonomy and authority of the Election Commission of Pakistan (ECP) in carrying out the delimitation of constituencies and determining the election schedule.
This statement by the law ministers was conveyed via a press release following a meeting chaired by caretaker Law and Justice Minister Ahmad Irfan Aslam in Islamabad.
The meeting — attended by provincial law ministers – Kanwar Dilshad (Punjab), Muhammad Omer Soomro (Sindh), Arshad Hussain Shah (Khyber Pakhtunkhwa) and Amanullah Kanrani (Balochistan) — was held to discuss matters pertaining to the upcoming general elections to the National and provincial assemblies.
It concluded after the huddle determined that the conduct of general elections and announcement of election dates is the sole competence of the country’s electoral authority, as per the Constitution.
Press Release.#Islamabad #caretakergovt pic.twitter.com/5kaMb16OuM
— Ministry of Law and Justice (@ministry_law) September 13, 2023
“The Election Commission of Pakistan is an independent constitutional body,” the statement, issued by the ministry, read.
The statement by the law ministry comes a day after caretaker Prime Minister Anwaar-ul-Haq Kakar, too, issued a similar statement in the wake of speculations regarding the announcement of the election date by President Dr Arif Alvi.
The president, during his second meeting with the interim federal law minister in 10 days on Monday, discussed the matter of the election schedule. He was reportedly expected to announce the date of the election.
Law minister meets President Alvi
Meanwhile, sources told Geo News about a meeting between President Alvi and interim minister Irfan today — their third interaction within two weeks.
According to the sources, the matter of the election date came under discussion during this meeting.
Irfan, during the meeting, apprised the president about the position of all the interim provincial ministers regarding the date of polls in the country.
