ECP ‘indecisive’ after Alvi's move

With the electoral process thrust into the throes of a new period of uncertainty, the Election Commission of Pakistan (ECP) remains seemingly indecisive about whether to hold provincial assemblies on the date announced by the president.

A high-level huddle of the commission headed by Chief Election Commissioner (CEC) Sikandar Sultan Raja on Tuesday remained inconclusive about the question at hand and reiterated that it was bound to hold the elections after a competent authority gives a date for the task.

Instead, the body has summoned the attorney general of Pakistan (AGP) and legal experts for guidance on the issue of elections in the Khyber-Pakhtunkhwa and Punjab assemblies.

Members of the ECP, the secretary and representatives of the law wing were also in attendance.

According to a press release, the AGP along with two constitutional and legal experts - to be selected - have been invited on Wednesday, February 22 (today) for consultation on the matter.

The electoral watchdog said that it will "continue to take decisions as per the constitution and without any pressure,” adding that in accordance with the law and constitution, it remains prepared to hold polls within 90 days.

However, "it is nowhere written in the Constitution and law that the ECP will give the date for elections," said the ECP in its press release, adding that it is bound to schedule the election immediately after the date is set by the competent authority.
According to the press release, the ECP meeting today discussed President Alvi’s orders in detail and decided to seek further guidance from the AGP and other legal experts.

A day earlier, President Dr Arif Alvi, unilaterally fixed Sunday, April 9, 2023, as the date for holding the general elections of the provincial assemblies of Punjab and Khyber-Pakhtunkhwa (K-P) under Section 57(1) of the Elections Act, 2017.

In a letter to the 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.

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.

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 and to hold elections not later than 90 days of the assemblies’ dissolution.

The president furthered 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.