ISLAMABAD: The Election Commission of Pakistan (ECP) has decided to strongly defend its position before the judiciary that the ECP is not mandated by the Constitution or the law to announce the date of general elections.
Sources said that besides submitting its reply before the apex court defending the commission’s power to reshuffle bureaucracy for holding free and fair elections, the ECP Thursday decided to approach the Lahore High Court through a Civil Miscellaneous Application for seeking guidance in the matter owing to difficulties being faced by it in implementation of the judgment of LHC handed down on February 10, 2023.
In addition to this, the commission will also file an intra-court appeal in the LHC against the court decision which, according to the legal minds of the commission, failed to consider that the constitutional provisions read with the provisions of the Election Act do not in any manner place the responsibility of the pronouncement of the date of the election on the ECP.
The ECP was directed by the LHC to immediately announce the date of the election of the provincial assembly of Punjab with the notification specifying reasons, after consultation with the Governor of Punjab is the constitutional head of the province, to ensure that the elections are not held not later than ninety days as per the mandate of the Constitution.
According to the ECP sources, the initiation of the preparation, organisation and holding of the election commences pursuant to the pronouncement of the date of election by the respective head of the province/state as the case may be. In the case of general elections in the province, the Governor has to announce the date whereas, for the National Assembly elections, the President has to give the election date.
The commission believes that the interpretation of the LHC single judge is violative of the clear provisions of the Constitution and the Election Act, whereby, the Governor and the President have been empowered with explicit powers to announce the date of the election.
It is said that the very scheme of the announcement of the date of election pursuant to the dissolution of assembly/ies is primarily given in Article 48 in case of dissolution of the National Assembly to the President; and under Article 105 in case of dissolution of the provincial assembly to the Governor. The said scheme of the Constitution, the ECP sources said, implies the initiation of the process of the fresh elections to be announced by the head of the state/province in consultation with the other stakeholders. The Article 224 further proceeds on the said mandate defined under the above referred articles and proceeds towards the calling of the election and formation of the caretaker cabinets.
Therefore, the dissection of Article 105 from Article 224 by the LHC in its recent order is liable to be set aside as it violates the principles of harmonious interpretation of the statute. The ECP has been conveyed by both Punjab and KP governments that they are not in a position to assist the commission in holding elections because of various reasons explained by the two governments.
It is added that the Ministry of Interior vide letter dated 08-02-2023 has also conveyed that deployment of civil and armed forces as required by the Election Commission in static mode on “sensitive and highly sensitive’ polling stations of the constituencies is not possible.
The Ministry of Finance has also conveyed that the demand of the commission for provision of funds for the conduct of elections is not tenable in view of the fragile economic situation and has requested for deferment of the demand till the stabilisation of the economic situation.
The commission, in terms of Section 50 and 51 of the Elections Act, 2017, has also written a letter dated February 1, 2023 to the Registrar Lahore High Court for consultation with the Chief Justice of Lahore High Court, Lahore, for appointment of subordinate judicial officers as District Returning Officers and Returning Officers. In response, the Registrar Lahore High Court, Lahore, conveyed the directions of the Honorable Chief Justice and regretted to provide the services of judiciary as DROs and ROs.
It is said that the commission also approached the Governor Punjab for consultation for appointment of a date for general election to the Punjab Assembly, as was directed by the LHC. The Governor, however, expressed that the provincial assembly of Punjab was not dissolved by him, therefore, he was not obliged to appoint a date for general election to the assembly.
He further informed that he would avail himself of legal options to challenge the subject judgment. The Governor also made it clear that notwithstanding the subject judgment, there is no provision in the Constitution or Elections Act, 2017 regarding consultation between the Governor’s office and the Election Commission to consult for announcement of poll date in the given circumstances.
Video putatively shows that Bushra shifted from her vehicle to Gandapur’s placing her bag first and later herself
ECC directs Finance Division to furnish detailed report on Pension Scheme Amendment
Vawda says woman said she would march on D-Chowk but later ran away, while referring to Bushra Bibi
Establishment Division has issued official notifications of these postings and transfers
Minister says police was effectively held hostage by KP CM and Bushra Bibi during recent PTI’s protest
Maryam says she was really sorry for inconvenience suffered by people
