No constitutional way to delay polls on provincial assemblies

All the talks of either halting the process of elections in Punjab and Khyber-Pakhtunkhwa provinces or to push the matter into technicalities are unlikely to bear fruit as neither there is a constitutional provision, nor any way left to restrain them from moving towards polls.

Although the Pakistan Democratic Movement (PDM) is also pondering over emergency-related provisions to delay the elections, this option will not work either.

Neither the country’s economic situation allows it to opt for a new experience, nor the elections of the federation and provinces should be conducted separately, some prominent lawyers shared their views with The Express Tribune.

Only an extreme adverse law and order conditions, internal or external disturbance, or a war-like situation might stop the elections, they added.

PPP’s former Punjab governor Sardar Latif Khan Khosa said only a war or emergency-like situations could stop the elections from being held but he did not see that happening.

However, he emphasised the need for all political parties to come forward to sit together for the sake of Pakistan’s prosperity and devise a mechanism for moving towards general elections across the country rather than conducting them in different parts.

Khosa noted that the country could not afford the “luxury” of going to elections separately.

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“Look at the country’s devastating economy and then decide either general election across the country or imposition of decisions following ‘liking and disliking' are the requirements,” he added.

Supreme Court’s Advocate Hamid Khan said some people within the PDM were pondering over the emergency-related related provisions to delay the electoral process.

“The elections could be delayed under emergency provisions but there should be a situation that calls for it,” he opined.

“If we see the prevailing circumstances, we don’t see any provision relating to emergency. When the country is not in a war-like situation, how could such a provision be invoked?” he asked.

Former attorney general of Pakistan Ashtar Ausaf said there was no way to stop the elections.

“If anyone wishes to knock either a court or the Election Commission’s [of Pakistan] doors under the garb of delimitation and voter lists, I don’t think such efforts will bear any fruitful results,” he observed.

He added that the matter to some extent might linger on by adopting some technicalities but ultimately, the provinces would have to move towards elections.

He cited the example of the MQM-P, saying that the party had taken the matter of delimitation to the ECP, but its request was turned down.

Supreme Court’s Advocate Azhar Siddique said the polls could be delayed for a few days, but there should be cogent and substantial reasons for that to happen.

“However, that does not mean that the PDM will be able to stop the elections from being held,” he added.

The senior lawyer noted that the courts had been important and would remain significant if any “cowardly” move was adopted to stop the elections.

Prominent lawyer Salman Akram Raja, responding to a query that there were some rumours that the PDM would not allow the elections to be held, he said that was impossible.

When asked if there was any way to restrain the provinces from moving towards elections after the dissolution of their assemblies, he replied that there was no constitutional method to delay the polls.