Governor bound to announce election date: Khosa

Khosa says 'not holding elections on time is a violation of the constitution'

ISLAMABAD:

Senior jurist Latif Khosa on Thursday remarked that according to the constitution, the governor is bound to announce the date of election in case of an assembly’s dissolution.

Speaking to the media outside the Supreme Court (SC), he said that the chief justice has taken notice of the delay in polls timely.

A nine-member bench of the court will hear this matter, he said, adding that this issue involves the fundamental rights of the people.

“Not holding elections on time is a violation of the constitution,” he declared, adding that it is certain that according to the constitution, the governor is bound to announce the date of the election.

He also said that the Election Commission of Pakistan (ECP) is bound to conduct the election within 90 days on the recommendation of the governor.

He also said that the governor would be wrong to say that he did not sign the dissolution.

“Constitutionally, it will be assumed that the governor has signed the dissolution of the assembly,” he added. “The governor is bound to fix the election date before the caretaker government.”

“If the governor takes permission from the federation not to conduct the election, then there should be a justification for it,” he further said. “If the governors do not perform their constitutional duty, the head of the state – the president – can announce the date.”

Khosa said that the Election Act 2017 empowers the president to announce the date of National Assembly and Provincial Assembly elections.

The president can consult the Election Commission for the state elections, he added.

He also believed that the remarks made by the Election Commission regarding the president were not appropriate.

“Whoever is the president of the country, it is necessary to respect and sanction him,” he added.

“If the Election Commission is called by the president, they should go, which is state etiquette,” he further said.

The jurist pointed out that despite the earthquake in Turkey, Tayyip Erdogan refused to postpone the elections.

“It is the observance of the constitution that protects the constitution,” he said.

Pakistan People's Party (PPP) and Chairman Bilawal Bhutto Zardari are not ready to take any action against the constitution, he further said.