Election Commission excuses itself from holding consultations with President Alvi on elections in Punjab & KP
ISLAMABAD, Feb 19 (SABAH): The Election Commission of Pakistan (ECP) on Sunday excused itself from holding consultations with President Dr. Arif Alvi on elections in Punjab and Khyber Pakhtunkhwa for the time being, saying that the matter was already under judicial consideration.
On Friday, President Dr. Arif Alvi summoned the election commissioner for an “urgent meeting” on February 20 (Monday) to hold consultation on the date of the poll, lambasting him over ECP’s “poignant approach” regarding the general elections date.
However, after finding fault with the president’s “choice of words” in the letter, ECP has now said that it may not be able to enter into a process of consultation with the office of the president due to the “matter being subjudice at various judicial fora”, regrettably the Commission may not be able to enter into a process of consultation with the office of the president. However, the final decision in the matter will be taken by the Commission in its meeting scheduled to be held on Monday 20th February, 2023.
A letter issued by the ECP Secretary Omar Hamid Khan on Sunday to president’s secretary stated that the electoral body was well aware of its constitutional and legal obligations.
“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 informed the office of the president that the commission — following the dissolution of Punjab and Khyber Pakhtunkhwa assemblies — had approached the governors of both the provinces for deciding a date for holding the polls. He said that the Punjab and KP governors had responded to the letters but were yet to issue a date.
In reference to Lahore High Court’s (LHC) directive for Punjab election date, the letter stated that the ECP held a consultative meeting with Punjab Engineer Mian Muhammad Balighur 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 intracourt 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.
The secretary ECP in his letter wrote that the officer of the President is the highest constitutional body and President is the head of the state, the Commission has highest regard for the officer of the hon’able President.