ISLAMABAD: After the supreme commander called Chief Election Commissioner Sikandar Sultan Raja to an “urgent meeting” regarding the general elections, the Election Commission of Pakistan (ECP) demanded President Arif Alvi use “better choice of words” when addressing constitutional bodies.
In his letter, CEC Raja lectured Dr. Alvi on the constitutional powers of the president and governor and noted that the commission had so far done its job well. According to Article 218(3) of the Constitution, the election commission is required by law to organize and conduct elections, according to the letter. President Alvi summoned the election commissioner for an “urgent meeting” on February 20 (Monday) to discuss the date of the election after criticizing the ECP’s “poignant approach” regarding the election.
Regarding the first two sentences of the president’s letter, the CEC stated that the commission was doing its “utmost” to carry out its constitutionally mandated responsibilities “without any pressure or fear.” He claimed that the ECP had spoken with the governors of both provinces, Shah Farman of Khyber Pakhtunkhwa and Baligh Ur Rehman of Punjab, to set the date of the January 24 provincial elections. The commission further asserted that on January 29, it had reminded both governors. He added that the Constitution does not grant the commission the authority to set a salary: “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.”
Raja informed the president that the election to the Senate of Pakistan, as well as any by-elections for the assemblies under Section 102, must be organized and conducted by the commission without any prior consultation. He cited the immediate announcement of the election schedule for National Assembly seats from which MNAs had resigned as evidence that the commission had upheld its obligations in this regard. “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,” he said.
He further added that had the framers of the Constitution intended to confer powers on the commission to announce the poll date in case of dissolution of an assembly, it would have clearly mentioned the same in Articles 48, 58, 105 or 112 of the Constitution.
“At the same time the Elections Act, 2017 also does not confer powers on the commission to announce a poll date except in Senate elections and all by-elections,” he emphasised.
The CEC explained that following the petition filed by the Pakistan Tehreek-e-Insaf (PTI) and three other petitioners in the Lahore High Court (LHC), the LHC had directed the ECP to hold a consultative meeting with Punjab’s governor and fix a date for the poll.
However, in the meeting conducted on February 14, at the Governor House in Lahore, “the Punjab Governor regretted to announce the poll date and informed the ECP that he intends to approach the legal forum.”
After the meeting with the governor, the ECP decided to file a Civil Miscellaneous Application in the LHC seeking further guidance on the matter, but the office of the registrar objected to the application on the grounds that the matter stands decided and the application was not “maintainable.”
“The commission has also challenged the judgment of the Lahore High Court on the ground that the Constitution and law do not provide any consultation by the commission with the Governor,” the letter elaborated.
The letter concluded that the ECP was looking forward to “parental guidance” from the “prestigious” office of the president adding that the commission had “utmost respect for the President’s office.”
However, the statement took issue with some of the content from the president’s letter yesterday, requesting that the commission hoped that “there will be a better choice of words while addressing such other constitutional institutions.”
