The Election Commission of Pakistan (ECP) has firmly stated its authority in determining the dates for the upcoming general elections, refusing to consult President Arif Alvi as per recent amendments to the election law. The decision was made during a meeting chaired by Chief Election Commissioner (CEC) Raja.
The controversy arose when President Arif Alvi sent a letter to the chief election commissioner, asserting his obligation to appoint a date for the general election of the National Assembly within 90 days of its dissolution, as per Article 48 (5) of the Constitution. President Alvi requested a meeting with the CEC to discuss and finalize an appropriate election date.
However, in a swift response, CEC Raja highlighted the amendments made to the Elections Act, 2017, specifically Section 57, which have increased the ECP’s authority in determining election dates. The CEC pointed out that prior to the amendment, the president was required to consult the ECP before appointing an election date, but after the amendment, the ECP has the power to announce election dates on its own.
CEC Raja further emphasized that the power to appoint election dates now rests exclusively with the ECP if the National Assembly is dissolved on the advice of the prime minister or by the passage of time, as stated in Article 58(1) of the Constitution. This legal standpoint led the CEC to conclude that the provisions of the Constitution mentioned in President Alvi’s letter do not apply to the current context.
The CEC also raised the issue of fresh delimitation of constituencies based on the 2023 census results, which is crucial for ensuring fair representation. He noted that this step is a fundamental requirement outlined in Section 17(2) of the Elections Act, 2017, and it plays a vital role in upholding the rights of candidates, political parties, and voters as guaranteed under Article 17(2) of the Constitution.
In response to criticisms regarding potential delays in the election schedule, CEC Raja highlighted the ECP’s commitment to its responsibility of conducting the general election with utmost seriousness. The ECP has initiated the process of engaging major political parties to gather their input on the electoral roadmap.
Considering the Election Commission’s firm stance on its increased authority in setting election dates and the ongoing efforts toward comprehensive delimitation, it remains to be seen how the upcoming general election process in Pakistan will unfold.
