After the dissolution of the National and Provincial Assemblies in Pakistan, when will the elections be held has become a puzzle. The President claims that he will announce the election date, while the Election Commission asserts that it is within their authority to do so.
Just a few days ago, President Arif Alvi proposed a date for the general elections. According to the President of the country, Dr Arif Alvi, in accordance with Article 48(5), the general elections for the National Assembly should take place on the 89th day after the dissolution of the National Assembly, which would be Monday, November 6, 2023.
In a letter to Chief Election Commissioner, Sikandar Sultan Raja, the President stated that he had consulted the Prime Minister on August 9 regarding the dissolution of the National Assembly, as per the authority granted by Article 48(5), to fix a date within ninety days of dissolution for the general elections of the National Assembly. To fulfil constitutional responsibilities, the Chief Election Commissioner was invited to a meeting to establish a procedure for implementing the Constitution and its directives.
In response, the Chief Election Commissioner took a contrary stance, asserting that according to the scheme and framework of the Constitution, it is the Election Commission’s prerogative. In August, after the publication of the census, the delimitation process is also underway, and as per Article 51(5) of the Constitution and Section 17 of the Election Act, it is a mandatory condition. According to President Arif Alvi, the Federal Ministry of Law and Justice also endorses the opinion of the Election Commission of Pakistan.
To fulfil constitutional responsibilities, the Chief Election Commissioner was invited to a meeting to establish a procedure for implementing the Constitution and its directives
There is consensus on holding general elections for the National Assembly and Provincial Assemblies on the same day to strengthen the Federation, promote unity among provinces, and save unnecessary expenses. The Election Commission is responsible for adhering to all constitutional and legal measures enacted under Articles 51, 218, 219, 220, and the Elections Act 2017 to ensure free and fair elections.
Taking all points into consideration, the Election Commission should seek guidance from the Supreme Judiciary to conduct elections on the same day in the National and Provincial Assemblies. On the other hand, Maulana Fazlur Rehman, the head of the Pakistan Democratic Movement, asserts that the President does not have the authority to set the election date. He argues that President Arif Alvi is representing the PTI, and he should either let the Election Commission do its job or dissolve it.
On the contrary, according to the legal and constitutional experts mentioned in the letter written by President Arif Alvi regarding the recommendation to hold elections on November 6, they state that the President has not exercised his constitutional powers; otherwise, he would have announced the date, the experts opine that the President’s letter is like being behind the light of a truck for the election date. The President has clarified through his recommendation that he has practically withdrawn from his presidential duties after the completion of his term, otherwise, he would have announced the date through a recommendation.
According to some experts, after the amendment in the Elections Act 2017, the authority to give election data lies with the Election Commissioner, but according to the Constitution, this right belongs to the President, not the law. Here arises the question: President Arif Alvi has recommended elections on November 6, will the elections be held on the day he suggested? Is the Election Commission constitutionally bound to act on the President’s recommendation? Will the Ministry of Law and Justice agree with the President’s recommendation? Will the Election Commission be prepared to hold elections within two months?
The President has the constitutional authority to provide a date, if elections do not occur on the day recommended by the President, what will happen? Is the country headed for a new constitutional crisis? There are so many questions that the public is not understanding who will announce the election date. Instead of confusion, it should be stated that the election date has become such a tangled thread that it cannot be untangled by any one person, so it is better not to make it unnecessarily complicated.
Election is a democratic process, and it would be better if political parties come together to resolve it as soon as possible, if they eliminate the doubts and suspicions, the country can certainly emerge from political and economic crises. Our prayer is that the country emerges from both political and economic crises so that the dark clouds over the country’s economy can be dispelled. Amen.
He writer is an old Aitchisonian who believes in freedom of expression, a freelance columnist, entrepreneur and social activist.