Arif Alvi writes to ECP to announce election programme accordingly n Says governors and ECP not fulfilling constitutional obligation n PDM leaders in NA term president’s move unconstitutional saying govt will not accept this ‘illegal act’ n Ask Alvi to perform as president not as PTI worker. ISLAMABAD - After the explanation from Election Commission of Pakistan (ECP) for not holding consultation at the presidency about election dates, President Dr Arif Alvi yesterday unilaterally announced April 9, 2023 as the date for general elections for Punjab and Khyber Pakhtunkhwa provincial assemblies. According to a letter written to the ECP, the presidency referred to Section 57 (1) of the Elections Act, 2017 and asked it to issue election programme in accordance with Section 57 (2) of the Act. Last week, the president had summoned Chief Election Commissioner (CEC) Sikandar Sultan Raja for an urgent meeting on February 20 (Monday) for consultation regarding the date of the elections of both the provincial assemblies.
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However, the election commission had excused itself from holding consultations with President Alvi for the time being, saying that the matter was already under judicial consideration. The President said that he was under oath to preserve, protect and defend the Constitution of the Islamic Republic of Pakistan under Article 42 read with third Schedule of the Constitution. He wrote that there being no restraining order from any of the judicial forum, there was no impediment in invoking the power and authority vested in him under Section 57 (1) of Elections Act, 2017, empowering him to “announce the date or dates of the general elections after consultation with the Commission”. Therefore, he added, he had felt it necessary to perform his constitutional and statutory duty to announce the date of elections to avoid the infringement and breach of the Constitution and law i.e., holding of elections not later than 90 days.
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The President further said that the Governors of Punjab and Khyber Pakhtunkhwa were not performing their constitutional duties for appointing a date, not later than 90 days from the date of dissolution of provincial assemblies as per the Constitution of Pakistan. He added that the ECP was also not fulfilling its constitutional obligation for holding polls for the Assemblies of Punjab and Khyber Pakhtunkhwa. “Both the constitutional offices are placing the ball in each other’s court, thus resulting in delay and creating a serious danger that constitutional provisions may be violated”, he said. The President pointed out that the ECP had already indicated the possible dates of elections in its various communications to the constitutional functionaries showing its own responsibility of holding the elections within 90 days. He further said that he had initiated a serious consultation process with the ECP under Section 57 (1) of the Elections Act, 2017 to announce the date for the general elections of the aforementioned Assemblies, however, the election body replied that it could not participate in a meeting on the subject matter with the office of the president.
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He said that in exercise of the powers conferred upon him under Section 57 (1) of Elections Act, 2017, he was announcing the date of 9th April, 2023 (Sunday) for holding of general elections of the provincial assemblies of Punjab and Khyber Pakhtunkhwa. On the other side, senior lawmakers from the treasury in the National Assembly, while disapproving the president’s unilaterally announcing the election date, declared that the President has done an unconstitutional and illegal act. “It is a blatant violation of the Constitution. He has not only insulted himself but also disgraced his position,” said Minister for Defence Khwaja Muhammad Asif, speaking in the house on a point of order. At the outset of the proceedings, the Minister said that the government has reserved the right to legally pursue this matter. “In an attempt to appease his leader [PTI Chairman Imran Khan], he [President] went to announce the date for the elections in the two assemblies,” Asif said, mentioning that the President was working as a PTI worker and it was unfortunate that such people had come on prestigious posts.
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He said that the incumbent government reserved the right to stop the illegal act of the President. He further said that the order had no legal authenticity and that the government will not accept this illegal act. Having the same concerns, Minister for Law Azam Nazeer Tarar said that President Arif Alvi was not working as President but as a party worker of Pakistan Tehreek–e-Insaaf(PTI). “It is condemnable and unconstitutional on the part of the President,” he said, mentioning that President in the past had refused to take the oath of Prime Minister [Shehbaz Sharif] but had dissolved the National Assembly within three minutes when Imran Khan had directed him. “This announcement is merely a joke with the Constitution,” he remarked. President Arif Alvi yesterday had announced the dates of Punjab and Khyber Pakhtunkhwa elections. Alvi, under Article 57 of the Constitution, announced that the elections will be held on April 9. He announced this date after failing to engage in consultation with the Chief Election Commissioner on election dates.
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