Poll date remains elusive after Alvi’s climbdown

Alvi ‘suggests’ polls by Nov 6 in letter to poll supervisory body

ISLAMABAD:

Despite mounting pressure that he might no longer have a role to play in the announcement of the elections following a change in law by the previous government, President Dr Arif Alvi on Wednesday, instead of unilaterally specifying a date, proposed November 6 for conducting the country's general polls in a letter written to Chief Election Commissioner (CEC) Sikandar Sultan Raja.

In the letter, a copy of which he shared on social media website X, the president wrote that he had dissolved the National Assembly on the prime minister’s advice on Aug 9.

Citing Article 48(5) of the Constitution, Dr Alvi noted that it empowered and mandated the president “to appoint a date not later than 90 days from the date of the dissolution, for the holding of a general election to the Assembly”.

صدر مملکت ڈاکٹر عارف علوی کا چيف الیکشن کمشنر ، سکندر سلطان راجہ، کے نام خط

صدر مملکت نے 9 اگست کو وزیراعظم کے مشورے پر قومی اسمبلی کو تحلیل کیا، صدر مملکت pic.twitter.com/5W88oKxX62

— The President of Pakistan (@PresOfPakistan) September 13, 2023

He added that under Article 48(5), the general elections to the NA should be held by the 89th day of the date of its dissolution – Nov 6, 2023 (Monday).

The president recalled that in an endeavour to fulfil the constitutional obligations, the CEC was invited for a meeting to devise the modalities of implementing the constitutional intent and mandate.

However, he continued that the CEC in reply took a contrary view that as per the scheme of the Constitution and framework of the electoral laws, it was the domain of the Election Commission of Pakistan (ECP), and following the publication of last preceding census on Aug 7 this year, “duly notified delimitation of constituencies was in progress, a mandatory requirement stipulated by Article 51(5) of the Constitution and Section 17 of the Elections Act, 2017”.

The president further wrote that the federal government also held a similar opinion.

He added that the provincial law ministries too were of the view that the announcement of the election date was the ECP’s mandate.

Read President faces election date conundrum

The letter read that there was a consensus that to strengthen the federation; promote unity and harmony among the provinces; and to avoid incurring of unnecessary expenses; general elections to the NA and the provincial assemblies must be held on the same day.

The president conceded that it was the responsibility of the ECP to abide by all the constitutional and legal steps stipulated under articles 51,218, 219, 220 as well as the Elections Act, 2017 for organising and conducting free and fair elections.

However, Dr Alvi advised the ECP – for the announcement of a single date for the general elections to the NA and provincial assemblies – to consult with the provincial governments and political parties under the relevant provisions of the Constitution and in view that some of these matters were already subjudice, it might seek guidance from the superior judiciary.

According to sources, the EPC convened a meeting on Thursday to review the president’s letter.

Dr Alvi in his letter has supported the position of the ECP and the commission would decide about whether to respond to it or not after consulting with other authorities.

Read More ECP will announce election date: info minister

In August this year, President Alvi had written a letter to the CEC, inviting him to discuss fixing the date for the upcoming polls within the 90-day constitutional deadline ending in early November.

However, the CEC had refused to meet the president to finalise the date for the next general elections, citing the amendments to the Elections Act, 2017.

Raja informed the president that after the Elections Act (Amendment) Bill 2023 was enacted into law, announcing the date for polls was the sole prerogative of the ECP.

The CEC added that in pursuance of the last preceding census officially published on Aug 7, 2023, the commission had decided to carry out fresh delimitation of constituencies as provided under Section 17(2) of the Elections Act, 2017.

In a related development, the federal and all provincial law ministers resolved that as per the Constitution, the conducting of the general elections and announcement of their date was the sole prerogative of the ECP.

Caretaker Federal Law and Justice Minister Ahmad Irfan Aslam convened a meeting with interim provincial law ministers Kanwar Dilshad, Muhammad Omer Soomro, Arshad Hussain Shah and Amanullah Kanrani of Punjab, Sindh, Khyber-Pakhtunkhwa and Balochistan, respectively, to discuss matters pertaining to the upcoming general elections.

During the meeting, the ministers underscored the importance of upholding the principles of democracy and ensuring smooth conduct of elections.

It was unanimously agreed that the Constitution must be read as a whole and none of its provisions must be taken in isolation.

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Separately, a plea was filed in the Lahore High Court challenging an amendment made to Section 57 of the Elections Act, 2017, giving authority to the ECP for the announcement of the polls date.

The court was informed that the amendment was ultra-vires article 48, 58, 105, 107, 224 read with articles 4 and 5 of the Constitution and that was why it should be set aside as well as declared “unconstitutional”.

It was prayed to the court that the tenure of the NA for a five-year term needed to be completed and any early dissolution with the sole purpose of delaying the general elections for more than 60 to 90 days was ultra vires the Constitution.

The petition was filed by Munir Ahmed through senior lawyer Azhar Siddique, raising 13 law points, including whether or not the provisions of the Elections Act, 2017 could be relied upon to delay the general elections beyond the mandatory 90-day period.

“Whether a harmonious interpretation of the Constitution would mean that the entire process of delimitation and notification of constituencies is to be carried out by the ECP within a period of 36 days from the date of dissolution of assemblies to comply with the 90-day mandatory period provided under Article 224 (2)?” the petitioner’s counsel inquired.

“Whether the statutory time limits under the Act can override the constitutional time limit of 90 days stipulated in Article 224 (2) of the Constitution?” he further asked.

“Whether the Constitution grants the ECP an exclusive authority and responsibility to announce the election dates, or does it require consultation with the president or any other authority?”

It was contended in the petition that Article 224 (2) of the Constitution commanded absolute fidelity. Therefore, once the NA and the provincial assemblies were dissolved, elections must be conducted within 90 days, it added.

(With input from our Lahore correspondent)