Fixing Punjab, KP polls date: ECP says can’t be part of consultation with president

ISLAMABAD: The Election Commission of Pakistan (ECP) Sunday ‘regretted’ the invitation from President Dr Arif Alvi to be a part of consultation process with regard to fixing the date of general polls in Punjab and Khyber Pakhtunkhwa.

ECP Secretary Omar Hamid Khan wrote a letter to the president in response to his communication of February 17. He detailed various reasons, including the matter being under judicial review. However, he wrote that the final decision in the matter will be taken by the commission in its meeting scheduled to be held on February 20 (today).

Already, in his letter, Chief Election Commissioner (CEC) Sikandar Sultan Raja wrote to the president a day earlier that he expected from him (Alvi) better choice of words while addressing other constitutional institutions.

The CEC also explained to the president that he had no role in the announcement of dates for general elections to provincial assemblies and that the ECP was aware of its constitutional obligation in this regard.

“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 ECP secretary said in the letter.

The letter says, a copy of which is with The News, the ECP after deliberation had directed the undersigned (ECP secretary) to convey that the commission was well aware of its constitutional and legal obligations and had already conveyed its response to the earlier letter, dated February 8, 2023 explaining complete background.

“I am directed to state that the subject letter was placed before the commission for consideration. 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,” he explained.

The secretary gave background of the whole matter and said the ECP after the dissolution of the provincial assembly of Punjab and Khyber Pakhtunkhwa approached the governors of respective provinces for appointment of poll date. The governors responded to the letters but had not appointed a date for holding of general elections.

In compliance with the February 10 judgment of the Lahore High Court (LHC), the ECP held a consultative meeting with the Punjab governor on February 14, the letter to the president says.

However, he noted, the governor regretted to appoint a poll date and informed the ECP that he would avail legal remedy against the LHC judgment as it was not binding on him. The commission had also sought further guidance from the LHC by filing a civil miscellaneous application and had challenged the judgment through an intra-court appeal on the ground that the process of consultation with the governor was not provided in the Constitution.

Similarly, three writ petitions had been filed in the Peshawar High Court seeking directions for appointing a date for holding of general elections to the provincial assembly.

“For the subject matter at hand, due to the reasons stated above and matter being sub judice at various judicial fora, regrettably the commission may not be able to enter into a process of consultation with the office of the President. The office of the President is the highest constitutional body and President is head of the state, the commission has highest regard for the office of the Honourable President,” the letter concluded.