Election day must be announced by the governor: According to Khosa Khosa, it is against the law to hold elections late.
ISLAMABAD: Prominent lawyer Latif Khosa said on Thursday that the governor is required by the constitution to disclose the election date in the event that an assembly is dissolved.
Addressing to reporters in front of the Supreme Court (SC), he claimed that the top judge had promptly taken note of the polling delay.
He stated that a nine-member court bench would consider this case and that it involved a person’s fundamental rights.
The governor is required by the constitution to announce the date of the election, he said, adding that failing to hold elections on time is a breach of the constitution.
The governor, he added, would be mistaken to claim that he did not sign the dissolution.
According to the constitution, he continued, “it will be presumed that the governor has signed the dissolution of the assembly.” The election date must be set by the governor before the caretaker administration.
“There should be a justification for it,” he continued, “if the governor requests permission from the federation not to hold the election.” The president, who is the head of state, has the authority to announce the date if the governors fail to fulfil their constitutional obligations.
According to Khosa, the Election Act 2017 gives the president the authority to announce the dates of the elections for the National Assembly and Provincial Assembly.
For the state elections, the president may consult the Election Commission.
He said, “Whoever the president of the country is, he must be respected and censured.
He continued, “If the president calls the Election Commission, they should go, which is state etiquette.
The lawyer emphasised that Tayyip Erdogan refused to call off the polls despite the earthquake that hit Turkey.
“The constitution is protected by the respect of the constitution,” he stated.
He added that the Pakistan People’s Party (PPP) and its leader Bilawal Bhutto Zardari are not prepared to act in opposition to the constitution.
