PTI to file plea in LHC for election date

LAHORE:

The Pakistan Tehreek-i-Insaf (PTI) has decided to approach the Lahore High Court (LHC), seeking direction to the authorities concerned regarding announcement of the election date for the Punjab Assembly.

The Express Tribune has learnt on good authority that Barrister Ali Zafar will file the petition in the LHC on behalf of the PTI. The petition may be filed today (Friday).

Hafiz Ahsaan Ahmad Khokhar advocate said that it was the constitutional prerogative of the chief minister of a province to give advice any time before the expiry of five years term to the governor under Article 112 of the constitution to dissolve the provincial assembly, and the governor was constitutionally bound do so and cannot deviate from such an advice

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“If he does not endorse the chief minister’s advice, the assembly would automatically dissolve within 48 hours.”

He said it was the first time in the country’s history that two provincial assemblies stood dissolved while the National Assembly and the two remaining provincial assemblies are still intact.

He, however, added that the “period prescribed in the Constitution under Article 224A for holding the elections starts from the day of the dissolution of a assembly and is mandatory on the relevant authorities, especially the Election Commission of Pakistan, to ensure that the elections to the dissolved assemblies must be held within the constitutional period, which is 90 days”.

Khokhar said that when the Constitution describes something with specified days, then no deviation could be made at all, and if it is being not followed, it would be a clear constitutional violation and such defiance could be challenged before superior courts through invoking the constitutional jurisdiction as judicial review.

“It is the constitutional responsibility of the Election Commission of Pakistan to make arrangements for holding the elections whenever the situation arises -- either the assemblies complete their constitutional term or being dissolved by the leader of the house.”

“So primarily the Election Commission of Pakistan is bound and legally responsible for a free and transparent election in the country,” he added.

"If the process for not giving the date of election is not started, and the matter is brought to the superior courts, then there are bright chances that the court would intervene and issue directions to adhere such Constitutional provisions for holding the election within 90 days.”

Khokhar also said that as now the election commission has proposed dates for holding the elections to the governors of Punjab and K-P.

“Now, it is their primary responsibility to immediately respond to the letters of the commission positively to avoid and further constitutional breakdown in the country which is not in the interest of all, especially for the political parties and democracy in Pakistan.”