ISLAMABAD:
Once again, President Dr. Arif Alvi was at the center of attention as the issue of when to hold elections dominated political debate.
The Pakistan Tehreek-e-Insaf (PTI) demanded that the president announce the election date immediately, and the Pakistan Muslim League-Nawaz (PML-N) demanded that Alvi step down as president without giving a specific date.
Meanwhile, the caretaker administration stressed that the ECP was the only entity with the power to make such an announcement.
After a meeting between the president and temporary Federal Minister for Law and Justice Ahmed Irfan Aslam at the Presidency, during which they reportedly addressed the approaching general elections, discussions about the election date began.
According to the statement, the president and federal minister met to continue discussions about upcoming elections.
The president stressed the significance of maintaining good faith throughout the consultative process, noting the democratic benefits that had resulted from it.
Neither President Alvi nor the ECP have announced a date for the elections, despite the fact that the National Assembly was dissolved on August 9.
Both sides have hinted at an impending announcement on numerous occasions, but neither has made the final move.
Following the meeting, rumours spread rapidly that President Alvi will soon announce the election date.
Initially, he tried to select a date by inviting the Chief Election Commissioner, Sikandar Sultan Raja.
However, Raja turned down the request, saying it was pointless because only the ECP could make the announcement due to 2017 changes to the ECP Act.
Raja had previously stated that the president was obligated to consult the ECP before choosing an election date prior to the change of Section 57(1) of the legislation. He noted that the commission was given authority to announce the general election date or dates following the change to Section 57.
Raja argued that if the president dissolved the National Assembly at his discretion in accordance with Article 58(2) read with Article 48(5) of the Constitution, then the president was required to set a date for general elections.
But, Raja continued, “the Commission understands and believes that power to appoint a date or dates for elections rests exclusively with the Commission” if the assembly is dissolved on the advice of the prime minister or by effluxion of time as provided in Article 58(1) of the Constitution.
After consulting the law ministry, which apparently sided with ECP, Alvi met with the interim law minister, considered releasing the date, and ultimately decided against it.
In the meantime, the PTI Core Committee has been pressuring Alvi to fulfil his constitutional duties by reminding him of his authority and ordering the date of the elections to be set without further delay.
PTI Secretary Omar Ayub wrote to Alvi, “When the President dissolves the National Assembly, he is to appoint a date not later than 90 days from the date of dissolution for holding of general elections to the Assembly.” This is per Article 48(5), 1973.
To be fair, Section 57 of the Elections Act, 2017, does specify that the Election Commission of Pakistan (ECP) has the authority to set election dates, but that this authority is limited by the Constitution. Anyway, it’s an established concept that the Constitution takes precedence over any law,” Ayub said.
Therefore, he said, when the National Assembly is dissolved by the president, the president alone can establish the date for elections under the Elections Act, 2017. This right of the ECP is subject to Article 48(5) of the Constitution.
Marriyum Aurangzeb, central information secretary for the PML-N, has urged President Zardari to leave Aiwan-e-Sadr as soon as his tenure ends.
“Pack your bags and move to the PTI Secretariat because your desire is not just economic and political turmoil, but also a constitutional crisis in the country,” Marriyum said.
Attaullah Tarar, deputy secretary general of the PML-N, has also said that the PTI attempts to disrupt the country anytime it displays signs of success.
President Alvi’s five-year term was set by the constitution, thus Tarar stated he couldn’t set an election date at this time.
Finally, in an interview with a private station, interim Federal Minister for Information and Broadcasting Murtaza Solangi said that the caretaker law minister’s meeting with the president was a routine meeting and that it is the role of the ECP to ensure that elections are conducted in a free, fair, and transparent manner.
Solangi added, “the election commission will announce elections’ date,” and said that polls will be held in accordance with the results of the most recent census, but only after a delimitation procedure had been completed.
According to the minister of information, the ECP has already announced the delimitation process timetable, and after the process of redrawing the borders of seats is complete, the political parties will have 54 days to campaign for the upcoming election.
