The Election Commission of Pakistan (ECP) on Sunday responded to President Dr Arif Alvi’s letter, saying no consultation was possible on the elections for Punjab and Khyber Pakhtunkhwa assemblies.
The electoral watchdog shared a letter issued by ECP secretary Omar Hamid Khan to his counterpart at the office of the president on Twitter, stating the commission had approached the governors of Punjab and KP for deciding a date for holding the polls. He said that the governors of both provinces had responded to the letters but were yet to issue a date.
“It is pertinent to mention that Article 105 read with Article 112 of the Constitution of Islamic Republic of Pakistan, 1973, provides the procedure for appointment of poll date in case of dissolution of the provincial assemblies,” it stated.
The ECP secretary said the electoral body was well aware of its constitutional and legal obligations.
In reference to Lahore High Court’s (LHC) directive for the Punjab election date, the letter stated that the ECP held a consultative meeting with Punjab Baligh ur Rehman in line with the orders but the latter expressed intention to avail the legal remedy against the judgment as “it was not binding on him”.
The ECP secretary informed the office of the president that the commission had sought further guidance from the high court via a miscellaneous plea, and challenged its order via a separate Intra court appeal “on the ground that the process of consultation with the Governor is not provided in the Constitution”.
Moreover, three writ petitions had also been filed in the Peshawar High Court, seeking directions for appointing a date for holding general elections in KP, he added.
“It is clarified that the Constitution does not empower the Election Commission to appoint a poll date in case of dissolution of a provincial Assembly by the Governor or due to afflux of time as provided in Article 112(1) of the Constitution,” the letter read.
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