ISLAMABAD: The general elections for the provincial assemblies of Punjab and Khyber Pakhtunkhwa would be held on April 9, President Arif Alvi announced on Monday, prompting the country’s top electoral authority to summon an emergency meeting.

“The Election Commission of Pakistan is obliged under the law to issue Election Programme in accordance with Section 57 (2) of Elections Act, 2017,” the president said in a letter to Chief Election Commissioner Sikandar Sultan Raja.

The Punjab and KP assemblies were dissolved by the Pakistan Tehreek-i-Insaf in an attempt to force elections in the country. But, election schedules were not announced despite almost a third of the constitutionally mandated 90 days passing.

President Alvi in his letter on Monday urged the CEC to refer to his February 8 letter wherein the ECP was advised to immediately announce the date for general elections for the provincial assemblies of Punjab and KP. Later, he also invited CEC Raja for a meeting on Sunday for the aforementioned matter, however, the ECP excused itself from participating in the meeting on the subject matter with him.

The Pakistan Tehreek-i-Insaf, from which the president belongs, has time after time lamented that the ECP and caretaker set up in the provinces were not fulfilling their duties by announcing the date of the election.

“The caretaker government’s only purpose is to announce the date for elections,” PTI chief Imran Khan said in his address to party workers on February 17.

The ECP and governors of Punjab and KP were not performing their constitutional duties for appointing a date, not later than 90 days from the date of dissolution of provincial assemblies, Alvi alleged. “Both the constitutional offices are placing the ball in each other’s court, similar to the old Urdu proverb پہلے آپ نہیں پہلے آپ,” he said, resulting in delay and creating a “serious danger” that constitutional provisions might be violated.

Alvi highlighted that he was under oath to “preserve, protect and defend” the Constitution. He mentioned Section 57(1) of the Elections Act, 2017, that empowers the president to “announce the date or dates of the general elections after consultation with the Commission”. Therefore, he added he felt it necessary to perform the statutory duty to announce the date of elections to avoid the “infringement and breach” of the Constitution and law ie holding of elections not later than 90 days.

“And whereas, the Election Commission of Pakistan has already indicated the possible dates of elections in its various communications to the constitutional functionaries showing its own responsibility of holding the elections within ninety days. And, whereas, serious attempts for consultation with the Commission as envisaged by Section 57(1) of the Election Act have been made vide letters of even number dated 8th and 17th February 2023, and inviting the chief election commissioner for meeting, however did not bear fruit.”

There was no restraining order from any of the judicial fora and no impediment in invoking the power and authority vested in the president under Section 57 (1) of the Elections Act, 2017, the letter added. He used the same laws to announce the date.

Is the president obliged by law to give such a decision?

“The president has no right,” anchorperson Asma Shirazi told Aaj News when asked about the development. “He is bound under Section 57(1) of the Election Act to make such statements after consultation. He is bound to consult the ECP.”

She highlighted that the ECP was responding to the issue on different platforms and they have to announce it with the governors. But, the journalist added there was a “constitutional ambiguity” in it as the commission was bound to consult the governor on provincial matters and the president on National Assembly elections.

“The Constitution is silent on holding a such type of two elections. It means there is some ambiguity,” she said and reiterated that the president unilaterally took the decision.

In the recent past, the army and judiciary have excused the ECP from providing staff for electoral duties. Moreover, the commission has highlighted that the finance ministry was providing them with the budget to hold polls.

She was of the view that this matter would go to court.

PPP Senator Sherry Rehman claimed that the president has violated the Constitution. She also highlighted the requirement of consulting the commission before announcing the date.

“President Arif Alvi is flouting the constitution and law to please Imran Khan. The president should respect his position and powers,” she said in a Twitter thread.

PTI lawyer Faisal Chaudhry was of the view that no decision of the president was “unconstitutional”, adding that the government and opposition could have concerns.\

He described the decision as a step towards “safeguarding” the Constitution. He opined that the ECP could only announce the schedule of the election in its emergency meeting.

“For me, this is just a piece of paper and the election commission should just ignore it,” former jurist Shaiq Usmani said, adding that the president has no powers to give the date.

He went on to add that Alvi gave the decision not as a president, however, as a PTI leader.

Former attorney general for Pakistan Anwar Mansoor Khan said that the president used his authority under Section 57(1) of the Election Act after the commission refused to attend a meeting summoned by the president.

When asked about the emergency meeting of the ECP, he said that the commission would refuse the date or the matter would go to a court of law.