Outcry over Senate resolution calling for election delay

ISLAMABAD/ KARACHI: After the Senate adopted a resolution seeking a delay in general elections with just a month left in the much-awaited polls, political parties on Friday rejected the non-binding resolution, saying that further deferring the electoral process would be “unconstitutional”.

Majority of the lawmakers present in the legislature approved the resolution — seeking polls delay in the light of extreme weather in hilly areas and the deteriorating security situation — moved by independent lawmaker Senator Dilawar Khan earlier on Friday.

Pakistan Tehreek-e-Insaf (PTI) senior leader Barrister Gohar Khan, while condemning the approval of ‘undemocratic’ resolution, demanded the Supreme Court to enforce its orders on February 8, 2024 polls.

The PTI leader said: “A resolution of 14 senators based on their personal opinions has no legal or binding force in the constitutional process of holding general elections.”

He said the attempt by some political parties to defer the much-needed polls beyond the scheduled date of February 8 by using the floor of Senate was tantamount to an attack on the Constitution and democracy. He said the PTI was fully prepared for the general elections and would not accept or tolerate any nefarious attempts to delay the elections come what may.

Barrister Gohar stated that people and election-scared elements violated the sanctity of the Senate by passing the unconstitutional resolution to postpone the elections, adding that it was the constitutional obligations of Election Commission of Pakistan (ECP) and the caretaker government to conduct free, fair and transparent elections within the constitutionally-mandated 90-day time limit.

The PTI’s senior leader reiterated that his party strongly supports and demands holding of general elections on February 08. “PTI further prays SC to ensure level playing field including allotment of election symbol to PTI for fair and legitimate elections,” he said.

Barrister Gohar demanded that the top court should take immediate notice of the resolution passed by the Senate, besides taking effective and remedial measures to foil the attempts to either delay the elections or affect their transparency and fairness.

PTI Vice President Sher Afzal Marwat told Geo News that the Constitution was “violated” in the Senate. “The resolution for delay in general elections is an attack on the Constitution,” he said, adding that there is no single clause in the charter for putting off the polls.

Marwat also said the Article 6 applies to all those who voted in favour of the resolution. No one can approve an anti-constitutional resolution in the Senate, he added.

Meanwhile, in a statement, the PTI rejected the resolution, calling it shameful.

According to the statement issued by the PTI spokesperson: “The Constitution is very clear regarding the holding of elections within the constitutional period of 90 days after the dissolution of assemblies.” The statement stated that the Supreme Court has given a clear order to conduct the elections on February 8.

The PTI spokesperson said the future of the country was connected with the restoration of Constitution and democracy in its original form and holding the elections in a free, fair and transparent manner on the scheduled date. “The PTI will not tolerate a single day’s delay in holding the elections,” the spokesperson said.

Opposing the resolution, during a debate in the Senate, Pakistan Muslim League-Nawaz (PMLN) Senator Afnanullah Khan did not agree with the reasons of Senator Dilawar Khan for delaying the elections and said while the security situation in the country was not good, the situation in 2008 and 2013 was worse but the elections were held.

He said the elections would never be held if an excuse for security was made.

He asked if the United Kingdom and the United States deferred the elections during World War II, saying an excuse was being made to delay the polls on the pretext of weather. Senator Afnanullah likened the campaign for postponing the elections to an act of ‘boot-polishing’.

Addressing a press conference after the approval of the resolution, Pakistan Peoples Party (PPP) Senator Sherry Rehman said the party has a clear stance that the elections should not be put off.

“We absolutely do not support the delay in elections,” she said, adding the PPP didn’t support the Senate resolution.

PPP leader Syed Khursheed Shah said that the resolution was a conspiracy against democracy. He pleaded to “save Pakistan for God’s sake and not to play deadly games with the Constitution”.

“We did not do power politics, we want to save this country, We want free and fair elections in the country,” he added.

PPP Human Rights Cell head Farhatullah Babar deplored that the Senate chairman allowed the motion for resolution against elections to be moved in violation of the rules and even in the absence of the quorum.

“Dark clouds hanging over Feb 8 elections get thicker by the day and there is a need to expose the hidden hands behind the attempts to deprive the people of their right to elect their representatives to put the country back on the rails,” he said.

Farhatullah said it was obvious that some elements were scared of the elections and didn’t want the people to speak up and are making last minute desperate bid to postpone the polls.

Meanwhile, PPP Senator Shahadat Awan — who was not present during the session — said that his party wants the elections to be staged under all circumstances.

“This is a rebellion against the Constitution. It was a [pre-planned] move and a conspiracy because the polls must be held on time,” he said.

He reiterated that the resolution was tabled under a “plan” as the matter was not a part of the Order of the Day on Friday. Senator Awan said the PPP is fully prepared for the polls. “Those who can see their defeat [in elections] want to delay the polls,” he added.

Condemning the approval of the Senate resolution, Jamaat-e-Islami (JI) Emir Sirajul Haq said that the motion was a conspiracy against the country and democracy.

“Who will bring the democracy on track if it is derailed,” he said, stressing that delaying elections due to unrest in Khyber Pakhtunkhwa and Balochistan would be tantamount to surrendering before the ones causing unrest.

Haq said that peace and stability in the country could be ensured only through timely elections. He said his party wants free and fair elections in the country on February 8.

Awami National Party Senator Hidayatullah Khan said his party was not against the elections and wanted to contest the polls. “We want elections to be held without spilling of blood,” he said.

Speaking to Geo News, caretaker Information Minister Solangi said that he wasn’t given a chance by the Senate chairman to present his views on the matter despite requesting him twice.

“I would’ve discussed [the said issue] in detail if he [Senate chairman] had given me a chance [to speak],” the interim minister said.

“The reason for my opposition [to the resolution] is that I cannot speak on my own behalf [but actually] can speak on behalf of the federal cabinet and government,” Solangi noted, while reiterating his opposition to the resolution.

Commenting on any change in the polls date, the minister said it was the ECP’s responsibility to announce the election dates, make changes to them and conduct the polls. “We cannot interfere with the powers of the constitutional government and any other constitutional body,” he said.

“There are weather and security issues [and] these issues have been there before [as well],” Solangi said while terming the issues raised by Senator Dilawar’s resolution as “real”.

Commenting on whether he has any information pertaining to polls delay, the minister said that he hadn’t received any indication from any quarters regarding any delay in the general elections.

“Those who don’t want the elections to be held on time are not hidden anymore [...] It is not my responsibility to investigate who’s behind all this [resolution],” he concluded.

Earlier, amid the absence of major political parties and even with an incomplete quorum, the Senate on Friday approved the resolution seeking a delay in the general elections with the majority votes while arguing cold weather and security situation as the reasons for the postponement of elections.

During the passage of the resolution, only 14 senators were present in the 100-strong Senate. PMLN Senator Afnanullah Khan and Caretaker Information Minister Murtaza Solangi opposed the resolution while PPP’s Senator Bahramand Khan Tangi and PTI’s Senator Gurdeep Singh remained silent.

However, no one raised the quorum of the House during the moving and passage process of the resolution in the Senate.

The resolution was moved by Senator Dilawar Khan, the group leader of independent senators, after Friday prayers amid thin attendance though the resolution was not on the order of the day. Following the passage of the resolution, Senate Chairman Sadiq Sanjrani prorogued the Upper House session.

Speaking in the Senate, mover Dilawar Khan said that there was a severe winter season in some parts of the country.

He said that there are security threats to the leaders of some political parties and intelligence agencies have issued a security alert of attacks on rallies.

Senator Dilawar said the issue of Covid-19 is also there, so the elections on February 8 should be postponed.

Balochistan Awami Party Senator Manzoor Ahmed said that terrorism was on the rise in Pakistan and if a political worker was martyred, then who would support his family.

He said that political leaders leave the families of martyred workers helpless.

“We are ready for elections but we will not allow our people to fall under terrorism,” he said.

BAP Senator Prince Umar said that there was no such situation in Punjab like that in Khyber Pakhtunkhwa, so they will not understand it.

He said that the temperature in his area was in the negative, there was no wood to burn and people were migrating to warmer places. “The country cannot afford terrorism, it is hoped that the Election Commission will consider it and take a good decision,” he said.

The resolution stated acknowledged that the Constitution of Pakistan upholds the right to vote for every citizen of Pakistan.

It stated that the constitutional duty assigned to the ECP to conduct free and fair elections is contingent upon inclusivity and ensuring the participation of all regions and people.

The voter turnout in colder areas remains notably high during moderate weather conditions January and February are recognised as the coldest months in a majority of the areas of Balochistan and KP.

Various groups and political parties have expressed significant reservations on anticipated difficulties in ensuring the participation of residents in cold areas during the electioneering process.

The resolution, noting with great concern that recent incidents, including the foiled attempts on the lives of Jamiat Ulema-e- Islam-Fazl (JUIF) chief Maulana Fazlur Rehman and former MNA Mohsin Dawar, as well as threatening calls targeting Awami National Party’s provincial chief Aimal Wali Khan and other political figures, have raised concerns about the safety of political leaders.

The resolution stated that the Ministry of Interior has conveyed serious threats to the lives of prominent politicians, further exacerbating the challenges faced by political parties in exercising their right to free and fair election campaigning.

It stated that there has been a marked increase in attacks on security forces and citizens claiming precious lives, particularly in KP and Balochistan provinces. The intelligence agencies have warned of militant attack threats on election rallies in the two provinces.

It stated that alerts issued by intelligence agencies, indicating imminent threats of militant attacks on election rallies within the aforementioned provinces may have potential impact on the safety of citizens and the democratic electoral process.

“The resolution stated that cognizant of the resurgence of Covid-19 virus in the country and health sector’s concerns about potential further spread.

“The resolution reaffirms that while holding the judgement of the Supreme Court regarding the elections date in the highest esteem for the Upper House of the Parliament, the Senate of Pakistan, being the defender of the rights of all federating units, is obligated to ensure the constitutional guarantees and to alleviate fears of the smaller provinces especially vulnerable geographical territories.

“The Senate hereby resolves that conducting elections without addressing legitimate concerns, facilitating sufficient opportunities for election campaigns, and guaranteeing the safety of politicians and citizens would amount to a violation of the fundamental right to vote and political participation, as safeguarded by the Constitution of Pakistan.”

The resolution stated that elections scheduled for February 8, 2024 may be postponed to facilitate the effective participation of people from all areas of Pakistan and belonging to all political shades in the electioneering process. This delay aims to protect and uphold their constitutional right to political participation.

“Through the resolution, the ECP is urged to promptly implement the postponement and ensure that all necessary arrangements are in place to facilitate the smooth conduct of elections on the revised date.

“The process of filing of nomination papers and scrutiny should continue with the revised/ extended timelines.

“The ECP should engage proactively with relevant stakeholders, political parties, and communities to address their concerns and foster an environment conducive to free and fair elections.”

The Senate expressed confidence in the ability of the ECP to effectively manage and oversee the revised election schedule, ensuring the integrity and fairness of the electoral process.

Later, the PPP took an action against its Senator Beharamand Tangi by issuing a show cause notice to him for violating the party policy on the approval of the resolution.

The show cause notice issued by PPP Parliamentarians Secretary General Syed Nayyer Hussain Bokhari to Senator Tangi asked him why action should not be taken against him for a violation of the party policy. “You violated the party leadership’s direction and the policies, therefore, you are hereby through this notice asked to explain and reply within one week why a disciplinary action be not taken against you in accordance with the rules of the party, failing the matter would be decided accordingly,” the show cause issued to him stated.

Meanwhile, speaking to Geo News, Senator Tangi said that he had been receiving threatening phone calls since Friday night. The resolution was suddenly moved after the Friday prayers. Senator Dilawar told the chair that he wanted to table the resolution, to which the Senate chairman asked him what kind of bill he wanted to move.

He said PTI, PMLN and he said “no” to the resolution. “Gurdeep Singh and I said no to the resolution twice.”

However he admitted that if they had pointed out the quorum, the situation would not have been the same. He said the PPP wanted the elections to be held on Feb 8. “I personally want elections on Feb 8.”

Meanwhile, PPP leader Senator Sherry Rehman categorically rejected the resolution tabled in the Upper House of Parliament demanding a delay in general elections.

The PPP leader was speaking at an urgently called press conference here at the media cell of Bilawal House on Friday after the Senate passed a resolution in support of delaying the upcoming general elections.

The PPP senator said the Pakistan Peoples Party wanted the elections on a fixed date and in a clear and transparent manner. “We categorically don’t want the elections to go beyond February 8,” she said and urged that spreading anxiety and uncertainty regarding the elections should be avoided.

Senator Rehman said, “I make it clear on behalf of my party that we don’t want any delay in elections.” She pointed out that the Supreme Court had also given the date of February 8 for the upcoming elections.

She told journalists that the resolution regarding the postponement of election was tabled in the presence of only 14 senators, thus the quorum in the Upper House was not even complete at the time of moving the said resolution. “Senator Bahramand Tangi has told us that he opposed the resolution. But it was seen that the opposition of Senator Bahramand Tangi was not clear during the session, so the party will ask him for an explanation in this regard,” she added.

The PPP leader said that in 2007, the PPP was the worst victim of terrorism, and despite the martyrdom of Benazir Bhutto, polls were held in the country. She said the PPP had completed its preparation for the upcoming general elections, Chairman Bilawal Bilawal Zardari has presented his 10-point charter to the public, while the stage of giving party tickets to the candidates had also been finalised. “Regarding the conduct of elections, we have always been at the forefront,” she added.

Responding to a question, Senator Rehman said that PPP had always given importance to party workers in terms of representation in assemblies. She said that President Asif Ali Zardari’s politics of reconciliation is famous in the world and nowadays wherever he is visiting, people are joining the party in significant numbers.