Experts divided on holding elections

Some say polls can’t be delayed; others opine new census a must

LAHORE:

Legal experts appear to be baffled over holding of provincial elections within the stipulated time period as some said that the law envisages them to be held within 90 days while the rest wondered if they can be held without completing the new digital census.

Despite a passage of nearly two weeks, Punjab Governor Balighur Rehman still did not announce a date for holding the elections in Punjab, but opined that adherence to the Constitution and law was his top priority.

The Pakistan Tehreek-e-Insaf, the main party in power when the assembly was dissolved, had also written a letter to remind the governor of his constitutional duty of giving a date for elections.

The Election Commission of Pakistan also wrote a letter to the governor proposing dates between April 9 and 13, reminding him of his constitutional duty of announcing elections within 90 days from the date of dissolution of the assembly.

This delay added fuel to speculation of delays in the elections. Well-placed sources in the PML-N confirmed that there were legitimate grounds to delay the elections, as the digital census had yet to be completed and that it was agreed during the Council of Common Interests’ meeting during the PTI’s tenure that the elections would be held according to the new digital census.

One of the sources said in these circumstances, how could the elections be held. Secondly, he said, beyond a legal argument, there was the economy of the country that was at stake.

“The country cannot afford multiple elections. If for the betterment of the nation, these elections are even delayed, it would be a small sacrifice.” He denied the impression that his party or any other party in the PDM was shying away from elections.

Supreme Court Advocate Azhar Siddique told The Express Tribune that he was serving a letter on the governor, demanding a date to be announced. “I will eventually approach the court against this unlawful action of the Punjab governor.”

Advocate Siddique dispelled the impression that holding provincial elections could cause financial constraints.

He said that the ECP had no power to delay the elections, even if its chief was requested by the government to postpone them for any given reason. “This is unlawful and unconstitutional.”

However, the former ECP secretary differed, saying: “The commission has the power to delay the elections under special circumstances.”

Advocate Ali Bajwa said that the Punjab CM’s election scheduled for April 2022 but postponed and held beyond the defined legal limit were not illegitimate.

“Article 254 of the Constitution provides a general blanket to such delays. The question that the court will, if elections are delayed by the ECP on the request of the government, accept this plea, seems like a tough sell.”