By: Asem Mustafa Awan
President Dr. Arif Alvi has announced the schedule to hold Punjab and Khyber Pakhtunkhwa Assemblies elections on April 9. The President used the power to give the polls date under Clause 57-2 of the Constitution. Earlier, the Election Commission of Pakistan had written another letter to the President on the issue of elections in Punjab and Khyber Pakhtunkhwa. The Secretary Election Commission explained in the letter that the ECP neither can give date for the elections according to the Constitution nor can consult the President in this regard. It was stated the electoral watchdog is cognizant of its constitutional obligations and under Article 105 of the Constitution, only the Governor can fix polls date for the dissolved assemblies.
The letter further said that after the dissolution of the two provincial assemblies, the Commission contacted the governors of the two provinces but they did not give any date for the elections.
Pakistan Tehreek-e-Insaaf (PTI) started treading on political path after dissolution of their governments in Punjab and Khyber-Pakhtunkhwa, which is democratic, however, the incumbent Pakistan Democratic Movement government is making a simple matter complicated by creating new constitutional obstacle every now and then.
It is first time that questions have been raised pertaining to the powers and responsibilities of the President and the Governors as well as role of ECP and possible intervention by the government. These questions will only be answered with the new constitutional amendments.
The announcement of elections date by the President could be the sole solution to the get the country out the prevailing political crisis since the relevant officials and institutions showed little interest to resolve the solution and mere was passing bucks on one another.
The Constitution of Pakistan has defined the responsibilities of the ECP, dissolution of the Assembly, holding new elections, but despite knowing the root cause of crisis, the electoral watchdog was reluctant to play its due role in this regard.
On February 10, 2023, while deciding on the petition of PTI, the Lahore High Court ordered that ECP should issue a notification for the date of the Provincial Assembly elections after consulting the Governor of Punjab. The LHC wrote in its order that the constitutional mandate was 90 days of announcing poll date. Governor Punjab created first hurdle by refusing to sign the notification of dissolution of the assembly. Both governors refused to announce polls dates on various grounds while ECP also gave different excuses to delay polls.
Supreme Court gave clear orders for holding the elections. The highest constitutional head of the state, the President invited ECP for consultation owing to gravity of situation. It is high time, state institutions should join hands with President to find out workable solution to the current crisis. The politicians should set aside their petty political interests and should give priority to national ones as only then the country could be steered out of the quagmire of problems.
The President is the symbol of unity of the Federation and ECP a constitutional body but it is not above the President. The rigmaroles by different officials with ECP making headlines everyday what if the orders from President and Supreme Court are not implemented what happens then?
