President Arif Alvi tosses polls date ball into judiciary's court

ISLAMABAD: President Dr Arif Alvi Wednesday proposed to the Chief Election Commissioner (CEC) that a general election should be held by November 6, and then put the ball in the judiciary’s court by suggesting to the Election Commission of Pakistan (ECP) to seek guidance from the superior court.

In a letter written to CEC Sikandar Sultan Raja, Dr Alvi mentioned Article 48(5) of the Constitution that empowers and mandates the president “to appoint the date not later than ninety days from the date of dissolution for the holding of general election to the assembly”. He said according to Article 48(5), the general election to the National Assembly should be held on the 89th day of the date of dissolution of the National Assembly i.e. Monday, Nov 6, 2023.

In the letter, the president said that in an endeavour to fulfil the constitutional obligations, the CEC was invited for a meeting to devise modalities for implementing the constitutional intent and mandate but he, in reply, took a contrary view that as per the scheme of the Constitution and framework of electoral laws, it was the domain of the ECP.

Alvi said furthermore, the CEC also responded that following the publication of the last preceding census on August 7, 2023, duly notified delimitation of constituencies was in progress, a mandatory requirement stipulated by Article 51(5) of the Constitution and Section 17 of the Election Act, 2017.

The president, in the letter, said the Federal Ministry of Law and Justice also upheld the view of the ECP. President Alvi said that all the four provincial governments were also of the view that the announcement of the election date was the mandate of ECP. “Further, there is a consensus that to strengthen the Federation and to promote unity and harmony amongst provinces and to avoid incurring unnecessary expenses, general elections to the National Assembly and the provincial assemblies must be held on the same day,” he wrote in the letter. Alvi said that it was the responsibility of the ECP to abide by all constitutional and legal steps stipulated under articles 51, 218, 219, 220 and the Elections Act 2017 for organising and conducting free and fair elections. President Dr Alvi said that taking into account all the above-stated facts, the ECP, in consultation with provincial governments and political parties, under the relevant provisions of the Constitution and in view that some of these matters are already sub judice, might seek guidance from the superior judiciary for announcement of a single date for general election to the National Assembly and provincial assemblies.

As soon as President Alvi’s letter was publicised, some private channels claimed that the ECP had called a meeting on Thursday to discuss the letter. However, the commission clarified on Wednesday night that neither it had summoned a meeting for Thursday nor called its legal team for any kind of consultation. According to the ECP’s Media Coordination and Outreach Wing, an Election Commission spokesman strongly denied the news circulating on various private news channels. He said, “There is no truth in the news that the Election Commission will call a meeting tomorrow. It is clarified that so far the commission has not convened any meeting tomorrow nor has it called its legal team for any kind of consultation.”

In his reaction, caretaker Prime Minister Anwaar-ul-Haq Kakar, during an interview with a private news channel said that the “prime mandate” for giving the election date was with the ECP. “The president has suggested a date. They (ECP) will do their due diligence and deliberations on it and the required conditions to conduct free and fair polls. I think the ECP will soon announce [the date] after coming to a conclusion on what will be the appropriate day and date [for elections].” Kakar said the caretaker government was “completely ready” to support the electoral process, adding that the interim set-up’s role was to assist the electoral process and “our preparation is more or less almost complete.”

Also, caretaker Law Minister Ahmad Irfan Aslam held a meeting with the provincial law ministers, during which participants underscored the importance of upholding the principles of democracy and ensuring smooth conduct of elections. They were unanimous in their viewpoint that as per the Constitution, the conduct of general election and announcement of election dates was the sole prerogative of the ECP.

The Pakistan Tehreek-e-Insaf (PTI) welcomed the development and said the president had fulfilled his constitutional duty. PMLN leader and former interior minister Rana Sanaullah told Shahzeb Khanzada in the Geo News programme that the letter written by President Arif Alvi to the ECP had no worth. He said the president did not keep in view the respect and prestige of his constitutional office while writing the worthless letter. Sanaullah said the president had no authority to give the election date.

In a statement, PPP Secretary Information Faisal Karim Kundi said the Election Commission of Pakistan is an independent constitutional body, and it was responsible for giving the election date and conducting elections. He wondered why President Alvi was advising the ECP to seek guidance from the superior judiciary for announcing the election date. Muttahida Qaumi Movement leader Farooq Sattar said President Alvi was creating an unnecessary controversy. He should not take sides and keep his office neutral and non-controversial.