LAHORE - In view of an obvious ambiguity in the connotational framework, the issue of fixing a date for general elections to the Punjab Assembly has become complicated after the Punjab governor’s assertion that he could not appoint a date under clause (3) of the Article 105 of the Constitution. Punjab Governor Muhammad Balighur rehman Wednesday responded to the letters of Secretary election Commission, Speaker Punjab Assembly, and former parliamentary leader of Pakistan Tehreek-e-Insaf, Sardar Usman Buzdar regarding the date of elections to the Punjab Assembly. Citing clause (3) of Article 105 of the Constitution, the governor has maintained in his replies to the letters that this clause was only applicable where the governor dissolves the provincial assembly. “Provincial Assembly stood dissolved in terms of Clause (1) of Article 112 of the Constitution by efflux of time stipulated therein, and not by the order of the Punjab Governor. Therefore, clause 3 of Article 105 of the Constitution does not apply in this situation”, he further maintained.
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Clause (3) of Article 105 reads: “Where the Governor dissolves the Provincial Assembly, notwithstanding anything contained in clause (1), he shall, — (a) appoint a date, not later than ninety days from the date of dissolution, for the holding of a general election to the Assembly: and (b) appoint a care-taker Cabinet”. Further elaborating his point, the governor has pleaded that the election process was now to take place in accordance with Article 224 read with Clause (3) of Article 218 of the Constitution and the applicable provisions of the elections Act, 2017. Article 218 (3) of the Constitution reads: “It shall be the duty of the election Commission 4[omitted] to organize and conduct the election and to make such arrangements as are necessary to ensure that the election is conducted honestly, justly, fairly and in accordance with law, and that corrupt practices are guarded against”. However, it has not been clearly stated in this article referred to by the governor that eCP will appoint a date for the election to the Assembly. Article 224 as cited by the governor deals mostly with the issues related to the appointment of the caretaker chief minister and holding of elections in general. While the legal point raised by the Punjab governor carries weight, all other relevant articles of the Constitution are silent about the election date in case the governor does not consider himself legally bound to do the needful.
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Also, the Punjab governor in his letter has suggested eCP to consult all the relevant stakeholders before fixing a date for general elections to the Punjab Assembly keeping in view the existing security and economic situation of the country. “Given the existing security and economic situation of the country, eCP may like to consult with all the relevant stakeholders as the date for the general elections to the Provincial Assembly of Punjab is fixed, and take the further necessary action according to the constitution, so as to ensure that conditions for holding the elections in a transparent and fair manner are duly met”, reads the letter written to the eCP by secretary to the governor on governor’s behalf.