The Election Commission of Pakistan (ECP) has told President Arif Alvi that the power to announce a date for the general election lies with the electoral body and not with the president following a recent amendment to the Election Act 2017.
The ECP has written a letter to the president in response to Alvi’s invitation to the chief election commissioner, Sikandar Sultan Raja, for a meeting on a possible election date.
Sources told Aaj News that Raja has turned down the invitation from the president. He won’t be meeting Alvi.
The letter from the ECP said that while the ECP respected the position of the president, the amended Election Act 2017 empowered the body to announce an election date.
The president can set a date only when he dissolves the National Assembly himself under Article 58(2)b and not acting on the advice of the prime minister, said the letter.
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When the president dissolves the National Assembly acting on the advice of the prime minister under Article 58(1), the powers to set an election date lies with the ECP under the amended law, said the letter.
“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 letter read.
The chief election commissioner told the president that “with utmost respect” that the president’s interpretation of the law was “not applicable in this context” after the amendment.
The Election Act 2017 was amended in June 2023 by the Parliament.
President Alvi in his letter had said that “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.”
Turning down the invitation from President Alvi, the CEC said that such a meeting would be of “scant consequence”.
After receiving the reply from the ECP, the president has now decided to seek legal advice over who has the final call over election date.
A letter from the president has been sent to the secretary of the law ministry asking if only the ECP can decide when plls will take place.
Shaukat Piracha of Aaj News says the snub from the ECP comes within days after President Alvi embroiled himself in a controversy over signing two bills amending the Official Secrets Act and the Pakistan Army Act.
Aaj News Islamabad Bureau Chief Tariq Chaudhry says the election law is being interpreted differently by parties and the matter could land in court. The litigation would result in a delay in holding general elections, he said.
