ECP to consult AGP after Alvi gives poll date

ISLAMABAD: Amid a unique situation of its nature, the Election Commission of Pakistan (ECP) Tuesday decided to seek guidance from the attorney general of Pakistan (AGP) and other legal experts, following the fixing of the poll date of Punjab and Khyber Pakhtunkhwa legislatures by President Arif Alvi.

The attorney general will give his ‘input’ on the matter to the electoral body on February 22, to which he has been invited already.

In the wake of President Alvi’s letter to Chief Election Commissioner (CEC) Sikandar Sultan Raja on Monday, the CEC presided over a meeting at the ECP secretariat, which was attended by the commission members.

In the meeting, the ECP decided that it has been and will continue to take decisions without any pressure in accordance with the Constitution and law.

“The ECP is always ready to hold elections in 90 days under the Constitution and law, but nowhere in the Constitution and the law it is written that the date of election will be given by the Commission,” a statement issued after the meeting says.

However, it was acknowledged that after the date has been fixed by the competent authority, the ECP is obliged to hold the election by giving the election schedule immediately. “After the date was fixed by the President of Pakistan, it was decided in the meeting of the Commission to take further guidance from the attorney general and other legal experts,” it notes.

In this regard, the attorney general has been invited for February 22. And two constitutional/ legal experts are being selected for consultation.

President Alvi said in his letter to the CEC the date has been announced under Section 57(1) of the Elections Act 2017. He asked the ECP to issue the election schedule in accordance with Section 57(2) of the Act. The president said that he was under oath to preserve, protect and defend the Constitution under Article 42 read with the third schedule of the Constitution.

In the absence of restraining order from any of the judicial fora, he pointed out, there was no impediment in invoking the authority vested in him under Section 57(1) of the Elections Act 2017, empowering him to ‘announce the date or dates of the general elections after consultation with the commission. Therefore, the president added, 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.

Dr Alvi said the Punjab and Khyber Pakhtunkhwa governors were not performing their constitutional duties for appointing a date and claimed that the ECP was also not fulfilling its constitutional obligations with regard to the date of the election.

“Both the constitutional offices are placing the ball in each other’s court, similar to the old Urdu proverb ‘pehle aap, nahin pehle aap’ (your first, no, you first) thus, resulting in delay and creating a serious danger that constitutional provisions may be violated,” he said.

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 responsibility of holding the elections within 90 days.

Referring to his two letters to the Election Commission to reach a date for elections in the two provinces, the president said that he had initiated a ‘serious consultation process with the commission, but the ECP refused to participate in a meeting on the subject matter.

He said that in the exercise of powers conferred upon him under Section 57(1) of the Elections Act 2017, he was announcing the date of April 9 for elections. He was of the view that the ECP was obliged under the law to announce the election schedule.

Reacting sharply to the president’s move, the ruling coalition had accused him of abrogating the Constitution by giving the date of elections in the two provinces and they said the government reserved the right to move against him accordingly.