ISLAMABAD: Faced with scathing public criticism for its failure to ensure timely conduct of general elections in Punjab and Khyber Pakhtunkhwa, the poll body, Thursday, expressed its regret over President Arif Alvi’s statement that the electoral entity was “succumbing to immense pressure from the government”— but the commission “completely agreed” to his statement that it should be given all the necessary powers, like those of India’s election commission, to ensure free and fair elections.
Referring to the statements carried by different publications quoting the president as saying that the Election Commission of Pakistan (ECP) was succumbing to immense pressure from the government (over not holding timely polls), the ECP expressed its regret over this statement and denied it.
“However, the commission completely agrees with the president’s statement regarding India’s election commission—and hopes that ECP will have all the required powers like India’s election commission to hold free and fair polls,” the ECP said in a statement.
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Recently, Chief Election Commissioner Sikandar Sultan Raja, in his letters to Chairman Senate Sadiq Sanjrani and Speaker National Assembly Raja Pervez Ashraf, has proposed amendments in Sections 57(1) and 58(1) of the Elections Act 2017— and that these amendments be placed before the parliament for its consideration—to empower the ECP to pick a date for general polls.
The proposed amendment in Section 57(1) suggests that the commission shall announce the date or dates of the general elections by notification in the official gazette and shall call upon the constituencies to elect their representatives.
The proposed amendment in Section 58(1) suggests, notwithstanding anything contained in Section 57, the commission may, at any time, after the issuance of notification under sub-section (1) of that section, make such alterations in the elections programme announced in that notification for the different stages of the election or may issue a fresh election programme with fresh poll date(s) as may, in its opinion to be recorded in writing, be necessary for the purposes of this act.
The existing Section 57(1) of Elections Act 2017 provides that the president shall announce the date or dates of the general elections after consultation with the commission.
The existing Section 58(1) provides that notwithstanding anything contained in Section 57, the commission may, at any time after the issue of the notification under sub-section (1) of that section, make such alterations in the election programme announced in that notification for the different stages of the election or may issue a fresh election programme as may, in its opinion to be recorded in writing, be necessary for the purposes of this act: Provided that the commission shall inform the president about any alteration in the election programme made under this sub-section.
The CEC, in the two letters, has opposed the power of the president to fix a date for the general polls, saying this is against the spirit of the constitution and the powers granted to the ECP under Article 218(3) of the constitution which says that it is the duty of ECP to organise and conduct the election and to make such arrangements as are necessary to ensure that the election is conducted honestly, justly, fairly and in accordance with law, and that corrupt practices are guarded against.
“The commission, under the constitution, is the sole arbiter to decide as to whether conducive circumstances exist to conduct the elections or not. This mandate is not subordinate to any authority,” the CEC has asserted in his letters to chairman Senate and speaker NA.
Copyright Business Recorder, 2023
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