ECP expects 'better choice of words' from Alvi

Commission says it is fulfilling duties as mandated by constitution; clarifies it approached governors regarding polls

ISLAMABAD:

The Election Commission of Pakistan (ECP), in its reply to a letter by President Dr Arif Alvi, has expressed reservations over the latter's letter, saying it expected "better choice of words" from him while addressing other constitutional institutions.

In a letter, Chief Election Commissioner Sikandar Sultan Raja underlined the authorities of the president and governor as enunciated by the Constitution and maintained that the commission has been fulfilling its job.

The letter said that was the constitutional duty of the election commission to organise and conduct elections under Article 218(3) of the Constitution.

The CEC said that “the office of the president is the highest constitutional body and the president is head of the state whereas all other constitutional and legal bodies are under constitutional obligation to offer utmost respect for the president”.

“We are sure that it is impartial and expect paternal guidance from this prestigious in office towards other constitutional bodies”.

It furthered that the ECP abides by the constitution and the law and that the electoral watchdog’s job was to conduct elections whereas the president and the governors were responsible for announcing election dates.

“The Election Commission is fully cognizant of its constitutional obligations to organise and conduct the election and has taken all necessary steps in this regard. It will not be out of place to mention here that the role of the president and the governor of a province is clearly mentioned in Article 48(5) and 105(3) of the Constitution respectively.”

It added that the Constitution does not empower the electoral watchdog to fix a date for general election to an assembly in case of dissolution.

Additionally, “according to Article 48(5) of the Constitution, where the National Assembly is dissolved by the president, he shall appoint a date for the election and appoint a Caretaker cabinet” and “under Article 105(3)(a), he shall appoint a date for General Elections to the assembly and shall appoint a care-taker cabinet”.

The letter maintained that the Lahore High Court (LHC) ordered a meeting with the governor regarding the provincial assembly elections and ECP officials met with governors. However, the governor refrained from providing an election date and stated that he “intends to approach the legal forum”.

The letter comes shortly after the president wrote to the chief election commissioner that since his previous letter to the ECP dated February 8, some substantial developments, including the LHC order that directed the commission to announce the date for elections in Punjab without delay and recent observations of the Supreme Court, had taken place.

He expressed his displeasure over the “apathy and inaction” on the part of the electoral watchdog, which had not responded to his earlier letter as yet.

The president wrote that he had “waited anxiously that the ECP would realise its constitutional duties to proceed and act accordingly, but he was extremely dismayed by the electoral watchdog’s poignant approach on this important matter”.