Addressing constitutional bodies: CEC requests president for ‘better choice of words’

ISLAMABAD: Chief Election Commissioner (CEC) Sikandar Sultan Raja wrote to President Dr Arif Alvi on Saturday, in reply to his letter dated February 8, and expressed the hope that there would be better choice of words while addressing the other constitutional institutions.

He contended in the letter that if framers of the Constitution had the intention to empower the Election Commission of Pakistan (ECP) to announce the polls date in case of an assembly’s dissolution, it would have been mentioned clearly in Article 48, 58, 105 or 112 of the Constitution. At the same time, he noted, the Elections Act, 2017 also did not confer powers on the commission to announce a poll date except for the Senate elections and all by-elections.

Sources privy to the matter, said that the CEC reminded Dr. Alvi that the office of President is the highest constitutional body and the President is head of the state and that all other constitutional and legal bodies were under constitutional obligation to offer utmost respect for the President’s office.

They quoted from the chief election commissioner’s letter, “We are sure that it is impartial and [we] expect parental guidance from this prestigious office towards other constitutional bodies, and expect that there will be better choice of words while addressing such other constitutional institutions”.

CEC Raja said the electoral body was under the Constitution of Islamic Republic of Pakistan and the Elections Act, 2017, and it is the constitutional duty of the Commission to organise and conduct elections under Article 218(3) of the Constitution.

He said the commission is trying its level best to fulfil its constitutional duties without any pressure or fear, and it is pertinent to mention here that the Provincial Assembly of Punjab was dissolved on January 14, 2023 and the Commission approached the Governor vide letter No. F. 2(3)/2023-Cord. dated Jan 24, 2023. The Commission also issued a reminder on Jan 29, 2023.

Similarly, he noted the Provincial Assembly of Khyber-Pakhtunkhwa was dissolved on Jan 18, 2023 and the Election Commission approached the Governor for appointment of a date for the General Election of the Khyber Pakhtunkhwa Assembly on Jan 24, 2023 with a reminder on Jan 29, 2023.

Under Article 48(5) of the Constitution, he pointed out, when the National Assembly is dissolved by the president, he would give a date for election and appoint a caretaker cabinet in accordance with the provision of Article 224 or as the case may be under Article 224-A. Similarly, where a governor of a province dissolves a provincial assembly under Article 105(3)(a), he would give a date for general elections to the assembly and appoint a caretaker cabinet.

The CEC explained that Pakistan Tehreek-e-Insaf and three other petitioners filed writ petitions in the Lahore High Court Lahore. The LHC, in its judgment dated Feb 10, 2023, directed the Election Commission to hold consultative meeting with the Punjab governor and fix a date for the poll.

Accordingly, the Secretary Election Commission, Special Secretary and Director General (Law) duly authorised by the Commission held a meeting with the Governor Punjab on Feb 14, 2023 in the Governor’s House Lahore. The Governor Punjab regretted not to announce the poll date, and informed the Election Commission that he intended to approach the legal forum.

The Election Commission is fully cognizant of its constitutional obligations to organise and conduct the election and has taken all necessary steps in this regard. It will not be out of place to mention here that the role of the president and the governor of a province is clearly mentioned in Article 48(5) and 105(3) of the Constitution, respectively. The Constitution does not empower the commission to fix a date for general election to an assembly in case of dissolution. The commission is mandated to organise and conduct the election to Senate of Pakistan, by-elections of the assemblies under Section 102 and Senate without any consultation. In this regard, it has fulfilled its obligations as so many by-elections to the Senate, National Assembly and provincial assemblies have been held well within time and the commission did not hesitate to announce the date of such elections.

The latest example, he noted, is the immediate announcement of schedule of elections on seats of National Assembly from where MNAs have resigned. The LHC, while interpreting different provisions of the Constitution has held that the commission would consult the governor for appointment of poll date. However, the commission, after holding a meeting with the Punjab governor decided to file a civil miscellaneous application (CMA) in the Lahore High Court, seeking further guidance, which has been objected to by the office of LHC registrar on the ground that the matter stands decided and the CMA is not maintainable.

The commission has also challenged the LHC judgment on the ground that the Constitution and the law did not provide any consultation by the commission with the governor.

Separately, the ECP will have a meeting on Tuesday to review its preparations for the general elections and the situation in the wake of restoration of CCPO Lahore Ghulam Mahmood Dogar by the apex court, and possibly the audio-tape, involving purported talk between senior PTI leader and ex-minister Dr Yasmin Rashid and CCPO, it was learnt.