F.P. Report
ISLAMABAD: In a new development to the ongoing controversy around the timing of general elections, President Arif Alvi on Wednesday suggested a date for the holding of polls in a letter to the chief election commissioner (CEC).
The president said that in the light of Article 48(5) of the Constitution, he has the authority and mandate “to appoint a date not later than 90 days from the date of dissolution [of assemblies], for holding of a general election to the assembly.” President Alvi said that the National Assembly was dissolved by him on the advice of the then-prime minister Shehbaz Sharif on August 9, 2023.
[…] in terms of Article 48(5) the general election to the National Assembly should be held by the eighty-ninth day of the date of dissolution of the National Assembly, i.e. Monday 6th Day of November 2023,” the letter stated. It also read that in a bid to fulfil the constitutional obligations, the president invited CEC Sikander Sultan Raja for a meeting to devise the modalities of implementing the constitutional intent and mandate for appointing a date, but the latter took a “contrary view” that it was the Election Commission of Pakistan’s domain under the Constitution and framework of electoral laws.Moreover, the CEC maintained that after the publication of Census 2023 on August 7, the duly notified delimitation of constituencies was in progress as required by Article 51(5) and section 17 of the Elections Act, 2017, the letter added. It further stated that the Ministry of Law and Justice, all provivincial governments also voiced the same opinion. Furthermore, President Alvi also called for the general elections to the lower house of parliament and all provincial assemblies to be conducted on the same date.
Earlier on Wednesday, federal and provincial law ministers unanimously urged all organs of the state to respect the autonomy and authority of the Election Commission of Pakistan (ECP) in carrying out the delimitation of constituencies and determining the election schedule. This statement by the law ministers was conveyed via an official statement following a meeting chaired by caretaker Law and Justice Minister Ahmad Irfan Aslam in Islamabad.
The meeting — attended by provincial law ministers Kanwar Dilshad (Punjab), Muhammad Omer Soomro (Sindh), Arshad Hussain Shah (Khyber Pakhtunkhwa) and Amanullah Kanrani (Balochistan) — was held to discuss matters pertaining to the upcoming general elections to the National and provincial assemblies.
It concluded after the huddle determined that the conduct of general elections and announcement of election dates is the sole competence of the country’s electoral authority, as per the Constitution. “The Election Commission of Pakistan is an independent constitutional body,” the statement, issued by the ministry, read.
The Pakistan Muslim League-Nawaz-led (PML-N) coalition government dissolved the National Assembly on August 9 while the Sindh and Balochistan assemblies were also prematurely dissolved to allow the electoral authority to hold elections in the country within 90 days instead of 60 days if the legislature completed its constitutional tenure. If the elections are to be held within the 90-day limit, then the polls are due on November 9, 2023.
However, before dissolving the assemblies the coalition government in a Council of Common Interest (CCI) meeting had unanimously approved the 7th Population and Housing Census 2023. According to Article 51 (5) of the Constitution, the seats of the National Assembly to each province and the federal capital shall be allocated on the basis of population as per the new census. Following CCI’s approval, the ECP on August 17 announced the schedule of new delimitations which exceeded the November 9th 90-day constitutional limit, almost making sure that the elections are likely to be held post the 90-day mark.
