ISLAMABAD: Elections in Punjab and Khyber Pakhtunkhwa (KP) are not possible within 90 days of the dissolution of assemblies unless the Election Act is amended or there is court’s direction to change the statutory election programme that requires a minimum of 54 days process.
The Punjab and KP assemblies were dissolved on 14th of January and 18th of January respectively. Forty-five days have passed in the case of Punjab Assembly whereas 42 days have gone since the dissolution of the KP Assembly.
According to sources, the Election Commission of Pakistan (ECP) requires a 54 days process to conduct the general elections. The Election Act 2017 gives details of what the commission is required to do after the announcement of the election date.
After the dissolution of the Punjab and KP assemblies, the ECP had approached the governors of these provinces to announce the date for the elections. In its letter to the Punjab and KP governors, the ECP had also clearly mentioned, “Likewise, for completion of all activities mentioned in the election programme as per section 57 (2) of the Elections Act 2017 minimum of 54 days will be required.”
The sources, while referring to the Section 57 of the Election Act, said that within seven days of the announcement of election date, the ECP shall, by notification in the official Gazette and by publication on its website, call upon the voters of the notified Assembly constituencies to elect their representatives in accordance with an election programme.
The Election Programme, according to the Act, shall stipulate:
“2. (a) the last date for making nominations, which shall be the sixth day after the date of publication of the notification or, if that day is a public holiday, the next succeeding day which is not a public holiday;
(b) the last date for publication of names of the nominated candidates, which shall be day following the last date of filing of nomination papers;
(c) the last date for the scrutiny of nominations, which shall be the eighth day immediately following the last date for making nominations or, if that day is a public holiday, the next succeeding day which is not a public holiday;
(d) the last date for filing of appeals against acceptance or rejection of nominations, which shall be the fourth day following the last date for the scrutiny of nominations or, if that day is a public holiday, the next succeeding day which is not a public holiday;
(e) the last date for decision of appeals, which shall be the seventh day following the last date for filing of appeals or, if that day is a public holiday, the next succeeding day which is not a public holiday;
(f) the last date for publication of the revised list of candidates, which shall be the day following the last date for decision of appeals;
(g) the last date for the withdrawal of candidature, which shall be the day following the last date of publication of revised list of candidates or, if that day is a public holiday, the next succeeding day which is not a public holiday;
(h) the date for allocation of symbols to contesting candidates and publication of list of contesting candidates, which shall be the day following the last date for withdrawal of candidature or, if that day is a public holiday, the next succeeding day which is not a public holiday; and
(i) the date or dates on which a poll shall, if necessary, be taken, which or the first of which shall be a date not earlier than the twenty-eighth day after the publication of the revised list of candidates.
(3) A Returning Officer shall, within three days after the publication of a notification under sub-section (2), give public notice of the dates specified by the Commission in respect of the constituency or constituencies of which he is the Returning Officer; and shall publish the public notice at some prominent place or places within the constituency to which it relates.
(4) A Returning Officer shall, by the public notice given under sub-section (3), invite nominations specifying the time by which and the place at which nomination papers shall be received by him.”
