ECP wants the president to adopt “more appropriate language” while addressing constitutional bodies.

ISLAMABAD : The Election Commission of Pakistan (ECP) requested on Saturday that President Arif Alvi adopt a “better choice of words” while addressing constitutional authorities, after the supreme commander invited Chief Election Commissioner Sikandar Sultan Raja to a “urgent meeting” about general elections.

In his letter, CEC Raja preached to Dr. Alvi about the president and governor’s jurisdiction under the Constitution, as well as the commission’s accomplishments to date.

The letter said that, according Article 218(3) of the Constitution, it is the responsibility of the electoral commission to organise and conduct elections.

The day before, President Alvi invited the election commissioner to a “urgent meeting” on February 20 (Monday) to discuss the polling date, lambasting him for the ECP’s “poignant attitude” about the date of the general elections.

According to the first two lines of the president’s letter, the CEC said that the commission was doing its “utmost” to carry out its constitutional responsibilities “without fear or coercion.”

He said that the ECP has asked the governors of both provinces, Baligh Ur Rehman of Punjab and Shah Farman of Khyber Pakhtunkhwa, to schedule provincial elections for January 24.

In addition, the commission asserts that it sent notices to both governors on January 29.

“It is pertinent to note that the role of the president and the governor of a province is specified in Article 48(5) and Article 105(3) of the Constitution, respectively,” he wrote, adding that the Constitution does not authorise the commission to set a date for a general election to a dissolved assembly.

Raja indicated to the president that the commission is authorised to organise and conduct without consultation the elections for the Senate of Pakistan, by-elections of the assembly under Section 102, and the Senate.

“In this regard, it has met its obligations, as a large number of by-elections to the Senate, National Assembly, and provincial assemblies have been held on time, and the commission did not hesitate to announce the dates of these elections,” he said, citing the example of the prompt announcement of the election schedule for National Assembly seats vacated by MNAs.

He said that if the Constitution’s drafters had meant to provide the commission the authority to announce the polling date in the event of the dissolution of an assembly, it would have been expressly stated in Articles 48, 58, 105, or 112.

“At the same time, the 2017 Elections Act does not provide the commission the authority to declare a polling date save for Senate elections and all by-elections,” he said.

The CEC added that, in response to the petition filed by the Pakistan Tehreek-e-Insaf (PTI) and three other petitioners before the Lahore High Court (LHC), the LHC had ordered the ECP to have a consultation meeting with the governor of Punjab and set a date for the election.

Yet, at a meeting held on February 14 at the Governor House in Lahore, “the Punjab Governor regretted announcing the election date and notified the ECP that he plans to pursue a judicial venue.”

Following the meeting with the governor, the ECP decided to file a Civil Miscellaneous Application with the LHC seeking further guidance on the matter. However, the office of the registrar objected to the application on the grounds that the matter has been decided and the application was not “maintainable.”

The letter explained, “The commission has also contested the verdict of the Lahore High Court on the grounds that neither the Constitution nor the legislation need consultation between the panel and the Governor.”

The letter closed by stating that the ECP awaited “parental advice” from the “prestigious” office of the president, and that the commission had “the highest respect for the President’s office.”

But, the statement disagreed with a portion of the president’s letter from yesterday, suggesting that the panel “use more appropriate language when addressing other constitutional institutions.”

President’s letter
In a letter released yesterday, President Alvi stated that he had “waited anxiously” for the commission to fulfil its constitutional responsibilities and act accordingly. However, he was extremely dismayed by the ECP’s approach to the crucial matter of setting a date for provincial and general elections.

He criticised the CEC for being slack and not taking any action to fix the date, expressing his disgust at the ECP’s “indifference” towards the problem.

Particularly since “significant events” had occurred, he added, alluding to the Lahore High Court’s (LHC) ruling that elections in Punjab must be conducted within 90 days and the Supreme Court’s (SC) recent directive that the LHC’s decisions be carried out.

Asserting that he was “aware of his constitutional duty to preserve, safeguard, and defend the Constitution,” the president summoned the CEC to his office on February 20 for an urgent meeting.

Moreover, on February 8, President Alvi urged the ECP in a letter to guarantee that provincial and national general elections be conducted within the legally stipulated timeframe.

It is crucial to note that the Punjab and KP legislatures were dissolved on January 14 and January 18, respectively, by the Imran Khan-led PTI.