— Legal experts, activists equate postponement to violation of Constitution
— By postponing Punjab elections till Oct, ECP has violated Constitution: Imran
ISLAMABAD: The Election Commission of Pakistan (ECP) on Wednesday announced to postpone the Punjab elections, originally scheduled for April 30, till October 8.
In the order, a copy of which is available with Pakistan Today, the ECP said that in exercise of the powers conferred upon it by Article 218(3) read with Section 58 and Section 8(c) of the Elections Act, 2017, the commission “hereby withdraws the election programme […] and fresh schedule will be issued in due course of time with poll date on October 8”.
The postponement of the polls, however, has triggered a debate whether the ECP decision had violated the 1973 Constitution by postponing the polls beyond 90 days of the dissolution of the Punjab Assembly.
On March 1, the Supreme Court had ruled that the elections to the Punjab and Khyber Pakhtunkhwa assemblies should be held within the stipulated period of 90 days. It had, however, allowed the ECP to propose a poll date that deviates from the 90-day deadline by the “barest minimum”, in case of any practical difficulty.
On Mar 10, the ECP later wrote separate letters to the president and the KP governor. In the letter to President Dr Arif Alvi, the electoral watchdog proposed dates between April 30 and May 7 for the elections. Alvi later the same day announced that elections in Punjab will be held on April 30.
Former premier Imran Khan was quick to lodge protest on Twitter, stating that by postponing Punjab elections till Oct, the ECP has violated the Constitution.
“Today everyone must stand behind the legal community – the judiciary & lawyers – with expectation that they will protect Constitution. For if this is accepted today then it is the end of Rule of Law in Pak. We dissolved our 2 provincial legislatures with expectation that elections would be held in 90 days as clearly given in our Constitution. We did not take this action to allow a bunch of fascists to impose a reign of terror, violating the Constitution & Rule of Law,” he added.
By postponing Punjab elections till Oct ECP has violated the Constitution. Today everyone must stand behind the legal community – the judiciary & lawyers – with expectation that they will protect Constitution. For if this is accepted today then it is the end of Rule of Law in Pak
— Imran Khan (@ImranKhanPTI) March 22, 2023
Last week, the ECP was informed that the Pakistan Army will not be available for poll-related duties due to the prevalent security situation within the country and on the borders.
Referring to the above briefing and other various briefings from government departments on the overall security situation in the country, the ECP order said that currently, only one security personnel on average was available per polling station due to a “massive shortfall in police personnel” and the non-provision of army personnel as a static force.
“The commission is unable to make alternate arrangements to ensure security of the election material, polling staff, voters and the candidates,” the order reads.
It added that the finance ministry had also shown an “inability to release funds due to financial crunch and unprecedented economic crisis in the country”.
The order pointed out that despite the ECP’s best efforts, the executive authorities and federal and provincial governments were not able to assist the electoral body in conducting free, fair and transparent elections in Punjab.
It added that after the briefings from the law enforcement agencies and federal ministries, the ECP had convened meetings on March 20, 21 and 22 to “deliberate extensive” on the matter of the Punjab elections.
“The commission after considering the reports, briefing and material brought before it, has arrived at the just conclusion that it is not possible to hold and organise the elections honestly, justly, fairly in a peaceful manner and in accordance with the Constitution and the law,” the order reads.
In a mammoth public gathering in November last year, former prime minister Imran Khan had announced that his party would disassociate itself from the “current corrupt political system” by quitting the two provincial assemblies where PTI was in power.
Despite several obstacles put up by the coalition government, the Punjab and KP assemblies were dissolved on Jan 14 and Jan 18, respectively. Under the law, the elections are to be held within 90 days after the dissolution of assemblies.
That means April 14 and April 17 were the deadlines for holding general elections to Punjab and KP assemblies, but the two governors instead of setting dates for elections after receiving the proposal from the ECP had advised the commission to consult stakeholders.
Legal experts, activists equate postponement to violation of Constitution
Barrister Aitzaz Ahsan said that the postponement of the election was such a gruesome violation of the Constitution which could provide the basis for martial law in the country.
He said that those who would violate the Constitution would be dealt under Article 6 of the Constitution.
“This would be [Justice] ‘Munir moment’ for any judge who would condone this act. The CJP can rise to the occasion and it could be [Justice] Bandial moment,” he told a TV talk show.
He argued that if there is no government after 90 days in Punjab and Khyber Pakhtunkhwa provinces which constitute 70 percent of Pakistan .. because the caretaker governments will have no power and they would have to go home. He asserted that if this postponement was accepted, the Chief Election Commissioner would have the nod to do any illegal act in the future under article 254.
Barrister Ahmed Pansota said that the decision to withdraw the election schedule and delaying the date of general elections in Punjab by the ECP was in gross violation of the Constitution of Pakistan, 1973 along-with the Supreme Court’s Judgment on the subject.
“Article 218(3) doesn’t empower the ECP to do so,” he added.
Decision to withdraw the election schedule and delaying the date of general elections in Punjab by @ECP_Pakistan is in gross violation of the Constitution of Pakistan, 1973 along-with the Supreme Court’s Judgment on the subject.
Article 218(3) doesn’t empower the ECP to do so. pic.twitter.com/pnyuAHTClY— Barrister Muhammad Ahmad Pansota (@Pansota1) March 22, 2023
Fawad Chaudhry said that the Constitution and Supreme Court of Pakistan had been demolished by subjugation of the Constitution and now the country had no constitution to be followed.
Senator Mustafa Nawaz Khokhar posted a tweet, stating, “Delaying of the elections by the ECP is a blatant mockery of the constitution. ECP surely has decided this on the wishes of the govt and the establishment which are terrified of the polls. With already a tarnished reputation sadly ECP now has no credibility left”.
Delaying of the elections by the ECP is a blatant mockery of the constitution. ECP surely has decided this on the wishes of the govt and the establishment which are terrified of the polls. With already a tarnished reputation sadly ECP now has no credibility left.
— Mustafa Nawaz Khokhar (@mustafa_nawazk) March 22, 2023
Global Public Policy activist Mosharraf Zaidi wrote, “This is a deliberate and malafide violation of the Constitution. A timely, free and fair election remains the only legal way forward. Those behind this manoeuvre will not hesitate to postpone the general election either. This is a formula for further disarray,” he added.
This is a deliberate and malafide violation of the Constitution.
A timely, free and fair election remains the only legal way forward.
Those behind this manoeuvre will not hesitate to postpone the general election either.
This is a formula for further disarray. pic.twitter.com/KBVG69eJGl
— Mosharraf Zaidi (@mosharrafzaidi) March 22, 2023
‘Volatile law, order briefs led ECP to postponement’
Chief secretaries and inspectors-general of the two provinces during meetings with the ECP had said they were short of police force and talked of terrorism threats, making out a case for putting off elections.
The finance division had also expressed its inability to provide funds and the interior ministry told the ECP that the army and civil armed forces will not be available.
On Feb 17, President Alvi had invited CEC Raja for an urgent meeting regarding consultations on election dates but the ECP told him he had no role in the announcement of dates for general elections to provincial assemblies and the commission was aware of its constitutional obligation in this regard.
Subsequently, the president unilaterally announced April 9 as the date for holding general elections for the Punjab and KP assemblies.
The move drew sharp criticism from his political opponents, who accused him of acting like a PTI worker while the ECP said it would announce the poll schedule only after the “competent authority” fixes the date.
