In response to President Arif Alvi’s letter inviting Chief Election Commissioner Sikandar Sultan Raja, the Election Commission of Pakistan (ECP) said on Thursday that the president no longer has the authority to set a “appropriate” election date.
President not authorised fix election date: The development occurs during a meeting that CEC Raja presided over to discuss the situation. Dr. Arif Alvi wrote a letter to the chief election commissioner, asserting that due to the dissolution of the National Assembly on August 9, 2023, Article 48(5) of the Constitution mandated the president to establish a date for the general elections of the National Assembly. This date had to be at least 90 days after the dissolution date.
The letter indicated that the President had extended an invitation to the Chief Election Commissioner for a meeting either today or tomorrow, with the purpose of determining an appropriate date.
As per CEC Raja’s letter to the president, on the prime minister’s recommendation, the National Assembly was dissolve on August 9, 2023, in accordance with Article 58(1) of the Constitution.
The letter made note of a change to Section 57 of the Elections Act of 2017, which enhanced the ECP’s authority over election administration.
“That due to the modification of Section 57(1) of the aforementioned law, the president was obligated to contact the commission in accordance with Section 57 of the Elections Act. 2017 before setting the election’s date. The commission now has the authority to declare the date or dates for the General Elections, thanks to the change to Section 57,” the letter stated.
Additionally, it noted that the president might set the election date if the NA was in accordance with Articles 58(2) and 48(5) of the Constitution.
“Election Commission’s Stand: Sole Authority in Date Selection and Constituency Delineation”
According to the Election Commission, it acknowledges and holds the belief that it has the sole authority to select a date or dates for elections if the assembly dissolves based on the prime minister’s advice or due to the passage of time as outlined in Article 58(1) of the Constitution.
“The commission believes, with the utmost respect, that the reliance placed on the provisions of the Constitution mentioned in your subject letter are not applicable in the present context,” the letter said.
The CEC also called attention to the need for new delineations following the acceptance of the census results for 2023, noting that this “is one of the foundational legal steps towards election.”
The commission decided to carry out a new delineation of constituencies in accordance with section 17(2) of the Elections Act, 2017, to protect the fundamental rights of contending candidates, political parties, and electorates as guaranteed under Article 17(2) of the Constitution, “in pursuance of the last preceding census officially published on August 7, 2023.”
Raja responded to criticism regarding the polling place delay by stating that the ECP is taking seriously its duty to conduct the general election and has also started the process of inviting the major political parties to provide input on the electoral roadmap.
The commission is of the considered opinion that attendance at the meeting would be of little relevance in light of the aforementioned.