ISLAMABAD: The head of the Election Commission of Pakistan (ECP) has declined President Arif Alvi’s summon for an “urgent meeting” on the date of the elections in Punjab and Khyber Pakhtunkhwa due to the matter being already under judicial consideration.
In a letter to the president’s secretary, issued through the tribunal’s Twitter account, Sikandar Sultan Raja cited the “subjudice” nature of the matter at various judicial fora as the reason for excusing himself from holding the consultation with Alvi.
#ECP pic.twitter.com/WNkOOpCkxa
— Election Commission of Pakistan (OFFICIAL) (@ECP_Pakistan) February 19, 2023
“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,” it read.
The commission informed the president’s office that it has approached the governors of Punjab and Khyber Pakhtunkhwa for the election dates after the dissolution of the assemblies in both provinces. However, the governors have not issued a date yet.
The letter further mentioned the directive of the Lahore High Court (LHC) for the Punjab election date and explained that the ECP held a consultative meeting with Punjab Baligh ur-Rehman in compliance with the orders. But Rehman intended to challenge the judgment and claimed it was not binding on him.
The ECP further informed the president that it had sought guidance from the high court via a miscellaneous plea and challenged its order through a separate intra-court appeal.
Additionally, it said three writ petitions had also been filed in the Peshawar High Court (PHC), seeking directions for the election dates in Khyber Pakhtunkhwa.
“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.”
Previously, the ECP had mentioned the “choice of words” in the president’s letter as another reason for its decision.
President Alvi had summoned the election commissioner for the meeting on Monday (February 20) to discuss the date of the poll and criticized the ECP’s “poignant approach” regarding the general elections.
The commission, however, said it was aware of its constitutional and legal obligations.
