ISLAMABAD: The Election Commission of Pakistan (ECP) has excused itself from consulting President Arif Alvi over provincial assembly elections as the matter was in court, ARY News reported on Sunday.
In a letter, the electoral watchdog maintained that after the dissolution of the Punjab and KP assemblies, the governors were approached for the appointment of election dates as per the dictates of the Constitution.
“The commission is well aware of its constitutional and legal obligations and has already conveyed its response to the earlier letter, dated February 8, 2023, explaining the complete background [of the matter],” stated the letter penned by Secretary ECP Omar Hamid Khan.
“It is clarified that the Constitution does not empower the ECP to appoint a poll date in case of the 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 highlighted.
In compliance with the Lahore High Court (LHC) orders, the commission said, a consultation was held with the Punjab governor on February 14, but he “regretted to appoint a poll date and informed that he would avail legal remedy against the judgment of the LHC as it was not binding on him”.
The ECP maintained that “the final decision in the matter will be taken by the commission in its meeting scheduled to be held on Monday” (tomorrow).
It may be noted that President Alvi on Friday had invited Chief Election Commissioner (CEC) Sikandar Sultan Raja for an ‘urgent meeting’ on February 20 for consultations on the dates for the polls Punjab and KP.
The meeting was scheduled to take place at Aiwan-e-Sadr in accordance with Section 57(1) of the Elections Act, 2017.
Earlier, responding to President Dr Arif Alvi’s first letter, the ECP expressed reservations over the words used by the president while addressing constitutional institutions.
In the letter, the electoral watchdog – said that the president should have use a “better choice of words” while addressing other constitutional institutions.
“The office of the president is the highest constitutional body whereas all other constitutional and legal bodies are under constitutional obligation to offer utmost respect for the president,” the letter stated.
“We are sure that it is impartial and expect paternal guidance from this prestigious office towards other constitutional bodies,” the ECP wrote, adding that there will be better choice of words while addressing other constitutional institutions.
The letter further stated that the ECP abides by the Constitution and the law and that the electoral watchdog’s job was to conduct elections whereas the president and the governors were responsible for announcing election dates.
“According to Article 48(5) of the Constitution, where the National Assembly is dissolved by the president, he shall appoint a date for the election and appoint a Caretaker cabinet,” it noted, adding: “Under Article 105(3)(a), he shall appoint a date for General Elections to the assembly and shall appoint a caretaker cabinet”.
The ECP pointed out that after dissolution of both provincial assemblies, the commission approached governors of both provinces for appointment of a date for elections, and also sent reminders.
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