ISLAMABAD: August 24, 2023: Chief Election Commissioner (CEC) ,Sikander Sultan Raja, has responded to the letter written by president, Arif Alvi, and said that his call to invite him for fixing up an appropriate date for holding general elections in the country was of ‘scant significance’.
President Arif Alvi had written a letter to CEC, Sikander Sultan Raja, to invite him for consultations to hold general elections in the country within 90 days from the date of dissolution of the national and two provincial assemblies.
In the letter, President Arif Alvi had quoted Article 244 of the Constitution, reminding CEC , Sikander Sultan Raja that he was duty-bound to get the elections conducted in the 90 days’ prescribed period once the National Assembly is dissolved prematurely.
“Whereas, the National Assembly was dissolved on the advice of the prime minister by the president on August 9. Whereas by virtue of article 48 (5) of the Constitution of the Islamic Republic of Pakistan, the president is obliged to appoint a date not later than ninety days from the date of dissolution for the holding of the general elections,” the president’s letter said.
He quoted clause 5 of Article 48 as follows, “Where the president dissolves the National Assembly, notwithstanding anything contained in clause (1), he shall, appoint a date, not later than ninety days from the date of the dissolution, for the holding of a general election to the assembly; and appoint a caretaker cabinet in accordance with the provisions of article 224 or, as the case may be, article 224A.”.
However, the situation has changed now, as under recent amendments to election laws, the CEC has been empowered to fix the date for polls without the president’s input.
In the letter addressed to the president today, CEC Raja said it was “imperative” to point out that Section 57 of the Elections Act had been amended due to an act of Parliament, which had empowered the commission to “announce the date or dates for the general elections”.
“Where the president dissolves the National Assembly, in his discretion, as provided in Article 58(2) read with Article 48(5) of the Constitution then he has to appoint a date for the general elections. However, if the assembly is dissolved on the advice of the prime minister or by afflux of time as provided in Article 58(1) of the Constitution, then the commission understands and believes that power to appoint a date or dates for elections rests exclusively with the Commission.
“The commission believes with utmost respect that the reliance placed on the provisions of the Constitution mentioned on your subject letter are not applicable in this context,” Raja’s letter said.
The CEC said that the delimitation of constituencies, after the approval of the digital census, was one of the “foundational legal steps” towards holding polls.
Raja said that the ECP was taking its responsibility of holding general elections in the country “very seriously” and had also invited major political parties to give their views on the electoral map.
“Notwithstanding the declared position of the commission referred herein above. it is stated with all reverence that the commission holds the office of the president in high esteem and it has always been an honor to meet and seek your kind guidance on national issues at an opportune time.
“In view of the above, the commission is of the considered view that participation in the meeting would be of scant consequence,” Raja said
After the recent amendments in the election laws, President Arif Alvi’s letter to CEC had open up a new plethora of speculations. It opened up discussion in the serious circles that president Avi was either oblivious to the law and constitution or he was being misguided by his legal advisors to push the country into a new crisis. The probable of the last that president Alvi knowingly raised a issue which was not in domain to primarily add confusion to already murkier political scene of Pakistan. Many political pundits believes that President Alvi was acting irresponsibly to damage the state to appease his political master and chief of Pakistan Tehreek e Insaf (PTI).
In a latest development, president Alvi seeks legal opinion from Law ministry on CEC response.
