Daily Times

Articles 222 to 226 of the Constitution of Pakistan deal with the process of election and appointment of caretaker government. Article 218 of the constitution casts upon the Election Commission of Pakistan to hold free, fair, and transparent election, and that during the election exercise, all state institutions shall provide support for free, fair, and transparent electoral process in the country.

According to Article 222 of the Constitution, the election for National Assembly and provincial assemblies would take place within 60 days at the time of expiry of their term but if assemblies are dissolved before their constitutional term by the prime minister and respective chief ministers, the election would be held within 90 days.

In the present circumstances, Article 105 of the constitution is very much relevant which states that if a provincial assembly is dissolved before its legal term, the governor will announce the date for fresh election, which means that as soon the caretaker government is appointed under Article 224 A of the constitution, and its oath has been taken by the governor, the next legal step for him is to announce date and communicate to Election Commission for holding election in province within 90 days from the day of dissolution of assembly.

Though there are certain precedents when elections could not be held within 90 days in the country like in 1988, 2002, and 2008, but in all such cases, the election schedule was announced, which is different from the present situation.

When the National Assembly was dissolved on May 29, 1988, it was the government’s responsibility at that time to hold elections on or before Aug 27, 1988, however, the elections were held on Nov 16, 1988, marking a delay of 81 days.

Any delay in holding the election beyond 90 days would be clear violation of the constitution and would set a bad precedent for future.

In the second instance, when Pervez Musharraf announced general elections in the country on July 11, 2002, the elections were to be held on or before Oct 9, 2022, but the elections were held on Oct 10, 2002, marking a delay of one day. In the third instance, general elections were called in the country on Jan 8, 2008. However, former prime minister Benazir Bhutto’s assassination on Dec 27, 2007, led to a delay in the elections. The elections were held on Feb 18, 2008, after 95 days of delay.

There is no doubt that there are extraordinary time in the country’s politics and economics but there seems no significant hurdle in holding the elections in Punjab and Khyber, so it is the constitutional responsibility of governor, the caretaker government and finally the Election Commission of Pakistan to make sure that elections in both provinces are held within 90 days as per spirit of Article 105 of the Constitution in a free, fair and transparent manner. The Lahore High Court has also issued its verdict and held that the election in the province should be held not later than 90 days. The Supreme Court has also taken notice and has referred the matter to Chief Justice of Pakistan to initiate suo motu proceedings by referring to Article 105 of the Constitution. If suo motu proceedings are initiated, there are strong chances that Supreme Court would interpret the relevant articles of constitution by declaring that election in provinces are required to be held not later than 90 days in case the provincial assembly is dissolved under Article 112 of the constitution. There is no doubt in the relevant constitutional provisions that in case the assembly complete its natural term, election would take place in 60 days, and in case the assembly is dissolved before its legal term, the elections would be held in 90 days. Any delay in holding the election beyond 90 days would be clear violation of the constitution and would set a bad precedent for future. All what is needed now is to follow the constitution and take steps what the constitution states for holding free, fair, and transparent elections in Punjab and KP.

The writer is a practicing lawyer at Supreme Court and has served as Chairman, Federal Excise & Sales Tax Appellate Tribunal and Senior Advisor Federal Ombudsman. He can be reached at: hafizahsaan47@gmail.com