ECP says ‘bound to issue election schedule’ after announcement of date

ISLAMABAD: The electoral entity said on Tuesday that it was “bound to issue elections schedule after the announcement of elections date by the authority concerned”—and that it was “always ready” to hold elections in 90 days (after the dissolution of the assemblies)—conspicuously a day after President Arif Alvi announced April 9 as general elections date for Punjab and Khyber-Pakhtunkhwa legislatures.

Relatedly, the electoral body has decided to invite Attorney General for Pakistan (AGP) Shehzad Ata Elahi and two law experts “for their guidance on the issue” in its meeting being held today (Wednesday).

The decision was taken in a meeting of the Election Commission of Pakistan (ECP) chaired by Chief Election Commissioner Sikandar Sultan Raja.

An apparently unusual statement issued after this huddle said, “The ECP has decided that it would continue to take decisions, as per constitution and law, without accepting any pressure. The commission is always ready to hold elections in 90 days but nowhere in the constitution and the law is it written that the ECP would give a date for the elections.”

The statement further said, “Yes, however, the ECP is bound to issue elections schedule after the announcement of elections date by the authority concerned.”

President Alvi, Monday, announced April 9 as the date for holding general elections of Punjab and KP assemblies, in exercise of his powers under Section 57(1) of the Elections Act 2017, and asked the ECP to issue elections schedule in accordance with Section 57(2) of the same law.

In his letter to the CEC, the president said that he was under oath to “preserve, protect and defend” the constitution under Article 42 read with the third schedule of the constitution.

He wrote that there being “no restraining order from any of the judicial fora,” there was, therefore, “no impediment in invoking the power and authority” vested in him under Section 57(1) of Elections Act 2017, empowering him to announce the date or dates of the general elections after consultation with the commission.

Therefore, Alvi added, he felt it necessary to perform his constitutional and statutory duty to announce the date of elections to “avoid the infringement and breach of the constitution and law.”

He pointed out that the ECP had already indicated the possible dates of elections in its various communications to the constitutional functionaries showing its own responsibility of holding the elections within 90 days.

The president initiated a consultation process with ECP under Section 57(1) of the Elections Act 2017 to announce the date for the general elections of the two assemblies. The president invited the ECP to the related meeting chaired on Monday. However, the ECP refused to attend the said huddle citing the “matter being sub judice.”

Section 57(1) of Elections Act 2017 provides that the president shall announce the date(s) of the general elections after consultation with ECP.

Section 57(2) of the same law requires from the ECP to issue election schedule within a week after the announcement of election(s) date by the president.

Copyright Business Recorder, 2023