Alvi unilaterally fixes April 9 as poll date

President invokes powers under Election Act; asks ECP to release schedule for Punjab, K-P elections

ISLAMABAD:

President Dr Arif Alvi pushed the Election Commission of Pakistan (ECP) on Monday to holding elections for the provincial assemblies of Punjab and Khyber-Pakhutnkhwa, unilaterally setting April 9 as the date of the vote.

In a letter to the Chief Election Commissioner (CEC), Alvi said that he was under oath to preserve and protect the Constitution and there was no impediment in invoking his power and authority to announce the date of the elections after consulting the ECP.

صدر مملکت ڈاکٹر عارف علوی نے پنجاب اور خیبر پختونخواہ میں انتخابات کی تاریخ دے دی

صدر مملکت نے الیکشن ایکٹ 2017 ء کے سیکشن 57 ایک کے تحت 9 اپریل بروز اتوار پنجاب اور خیبر پختونخواہ کی صوبائی اسمبلیوں کیلئے انتخابات کا اعلان کردیاhttps://t.co/Gr3iBpm8L2

— The President of Pakistan (@PresOfPakistan) February 20, 2023

The president announced Sunday, April 9, 2023 as the date for holding of the general elections of the provincial assemblies of Punjab and Khyber-Pakhtunkhwa (K-P) under Section 57 (1) of the Elections Act, 2017.

According to a press release issued by the President Secretariat’s Press Wing, the president asked the ECP to issue the election programme in accordance with Section 57(2) of the Elections Act.

In his letter to the CEC, according to the press release, the president emphasised that there was no restraining order from any of the judicial fora and there had been no impediment in invoking the power and authority vested in him under Section 57 (1).

He added that he had felt it necessary to perform his constitutional and statutory duty to announce the date of elections to avoid the infringement and breach of the Constitution and law ie, to hold elections not later than 90 days of the assemblies’ dissolution.

The president further said that the governors of Punjab and K-P were not performing their constitutional duties for appointing a date, adding that the ECP was also not fulfilling its constitutional obligation for holding polls for the Punjab and K-P assemblies.

“Both the constitutional offices are placing the ball in each other's court, similar to the old Urdu proverb ‘Pehlay Aap, Naheen Pehlay Aap’ [you first, No, you first], thus, resulting in delay and creating a serious danger that constitutional provisions may be violated,” he added.

The president pointed out that the ECP had already indicated the possible dates of elections in its various communications to the constitutional functionaries, showing its own responsibility of holding the elections within 90 days.

The announcement came after Alvi had invited the CEC on Friday for an ‘urgent meeting’ on Monday for consultations on the dates for the polls in K-P and Punjab. However, the ECP declined on Sunday to hold the consultation with the president.

On Monday, the ECP confirmed in a letter from the ECP Secretary Omar Hamid Khan that it could not participate in a consultative session with the president regarding the election dates, as the matter was already sub judice in the court of law.

Also read: ECP again excuses itself from consulting president over polls

“The commission is well aware of its constitutional and legal obligations and has already conveyed its response to the earlier letter, dated February 8, 2023, explaining the complete background [of the matter],” the letter said.

The provincial assemblies of Punjab and K-P – the two provinces where the Pakistan Tehreek-e-Insaf (PTI) was in the government  – were dissolved last month on the instructions of party Chairman Imran Khan.

However, more than a month had passed but no date of elections was announced by the two provincial governors, who are constitutionally-mandated to do so. This led to the PTI to move the relevant courts.

Emboldened by Alvi's unilateral announcement of the elections date, the PTI lauded him for taking “the right constitutional step” and urged the people to begin preparations for the ballot.

PTI’s Senior Vice President Fawad Chaudhry welcomed the decision, saying that the president had upheld the Constitution by giving the date, claiming that the entire nation stood behind the “historic step”.

Similarly, senior party leader Shireen Mazari also extolled the development, insisting that President Alvi’s move was constitutional and in accordance with the Election Act.

“Article 224.1 clearly refers to election to NA & provincial assemblies as General Elections and under Section 57 (1) of Election Act, president has the power to give a date in consultation with ECP,” she said in a statement.

“CEC refused to go for consultation thus violating the Election Act; hence president acted to preserve the requirement of the Constitution,” Dr Mazari said.