President gives ECP a nudge for poll date

Alvi warns delay in announcement of K-P, Punjab election schedule will cause setback to democracy

ISLAMABAD:

President Dr Arif Alvi on Wednesday urged the Election Commission of Pakistan (ECP) to “immediately announce” the dates for elections in Khyber-Pakhtunkhwa (K-P) and Punjab, warning that the Constitution did not allow for any delays as they would cause “serious long-term setbacks to democracy”.

The president also stressed the need for putting an end to the “dangerous speculative propaganda” about both the provincial assembly and general polls.

The Punjab and K-P assemblies were dissolved on January 14 and January 18, respectively, after PTI chairman and deposed premier Imran Khan had announced that his governments in the two provinces would dissolve their legislatures so that new elections could be held.

In a letter to Chief Election Commissioner (CEC) Sikander Sultan Raja, the president highlighted the “relevant provisions of the Constitution” after the “dissolution of [the] two provincial assemblies … and consequential elections to be held there”.

It pointed out that Article 2A of the Constitution read that “the State shall exercise its power and authority through the chosen representatives of the people”.

Alvi emphasised that the dissolution of a provincial assembly could happen either under Article 105 or Article 112.

He added that in either case, the election of an assembly was to be held within 90 days of the dissolution as provided by Article 224(2) of the Constitution.

He noted that the conduct of elections was the primary and essential duty of the ECP as per PART VIII of the Constitution – particularly Article 218 (3) which made it mandatory for the commission to ensure the holding of fair and free elections.

According to the president, if the ECP failed to discharge its functions and duties, it would be held responsible and answerable for the violation of the Constitution.

Alvi wrote that as the president, he was under Oath [Article 42 Third Schedule] “to preserve, protect and defend the Constitution” and that it was his “constitutional responsibility to remind the CEC and members of the commission about their fundamental duty.

“One of the oldest democracies of the current era, the United States of America is strong, I believe also because it has never delayed its elections,” he added.

Alvi maintained that he was of the “firm view that there are no such circumstances as may furnish any justification for delaying or postponing of elections”.

The ECP, Alvi added, had itself already taken an appropriate constitutional step and announced the holding of by-elections for the National Assembly seats of various differently situated constituencies.

He further wrote that postponing constitutionally mandated elections could morph into “serious long-term setbacks to democracy”.

He stated that the electoral watchdog, in accordance with the Constitution and law, should immediately announce the date of polls by issuing a schedule for them.

He concluded that this was necessary to “put an end to such dangerous speculative propaganda for these [provincial assembly polls] and future general elections”.

Copies of the letter were also sent to National Assembly Speaker Raja Pervaiz Ashraf, governors of Punjab and K-P, and speakers of the respective provincial assemblies.

The president’s letter to the CEC came a day after the ruling coalition made it clear that it did not wish to hold elections in the two provinces within 90 days as it maintained that the country could not afford separate polls under the prevailing economic situation.

Addressing a news conference in Lahore accompanied by the governors of K-P and Punjab, Railways Minister Khawaja Saad Rafique said elections should be held simultaneously as the country could not afford separate polls amid its financial woes.

Separately, the premier’s aides, Malik Ahmad Khan and Attaullah Tarar, also confirmed the government’s desire to conduct the elections of the National and provincial assemblies on the same day after the completion of the current government’s tenure.

Malik maintained that the Constitution did not say anything about holding elections within 90 days, referring to the polls in K-P and Punjab.