ISLAMABAD: President Arif Alvi has written a letter to the Election Commission of Pakistan (ECP), asking the electoral body to immediately announce the date of polls for Khyber Pakhtunkhwa and Punjab by issuing election schedule and put an end to dangerous speculative propaganda for these and future general elections.
In his letter, the President cited dissolution of provincial assemblies in Punjab and Khyber Pakhtunkhwa, and quoted a few articles of the Constitution (Article 2A, 105, 112) etc.
In his letter, the President emphasized that the dissolution of a Provincial Assembly could happen either under Article 105 or Article 112. In either situation, election of the Assembly is to be held within 90 days of the dissolution. Such a mandate stands further fortified by Article 224(2) emphasizing the holding of election in 90 days. The conduct and holding of elections is the primary and essential duty of Election Commission of Pakistan (ECP) as per PART VIII of the Constitution- in particular Article 218 (3) casts a duty on the ECP to ensure holding of fair and free election. Thus, it is ultimately the Commission, which if it fails to discharge its functions and duties, is to be held responsible and answerable for the violation of our Constitution.
He also referred to Article 42 of the constitution which states about his oath and constitutional duties, i.e. to preserve, protect and defend the Constitution’ and Article 214, [Third Schedule] that ‘I will discharge my duties……faithfully in accordance with the Constitution of Islamic Republic of Pakistan’ .
In the backdrop of recent statements given by political leaders of the present federal government as well as Governors of KP and Punjab, the President cited situations like world wars which couldn’t become source of any delay in elections.
President Arif Alvi expressed his firm belief that there were no circumstances as may furnish any justification for delaying or postponing of elections, adding that “in fact if such postponements of constitutionally mandated elections are evaluated throughout the world in recent history, they have morphed into serious long term set-backs to democracy.”
Citing Election Act 2017, the President wrote “It will thus be in the fitness of things and in accordance with Constitution and law i.e. Elections Act, 2017, to immediately announce the date of polls by issuing election schedule and put an end to such dangerous speculative propaganda for these and future general elections.”
The full text of President’s letter to the ECP is attached below:
