President holds authority to set election date
ISLAMABAD: The authority of the Election Commission of Pakistan (ECP) to set the date for the general elections has been challenged in Supreme Court (SC).
Azhar Siddique, the head of the Judicial Activism Panel, has lodged a constitutional petition in the Supreme Court’s Lahore Registry regarding this matter. The petition names the federal government, the election commission, and others as respondents.
The petition contends that, according to the Constitution, the president of Pakistan holds the authority to determine the election date. However, it argues that an amendment to Section 57 of the Elections Act shifted this authority to the election commission, which the petitioner deems inconsistent with articles 48, 58, and 107 of the Constitution.
The petition seeks a declaration that the amendment to the Election Act is unconstitutional. Additionally, it requests an order to declare as unconstitutional any effort to dissolve the assembly prematurely with the intention of delaying the elections.
On Wednesday, President Dr. Arif Alvi sent a letter to the chief election commissioner, advising him to schedule the general elections for November 6. The letter clarifies that the National Assembly dissolved at the prime minister’s advice on August 9.
The letter also states that the general elections must occur on the 89th day following the assembly’s dissolution, which corresponds to November 6.
In order to fulfill constitutional obligations, the president invited Chief Election Commissioner Sikandar Sultan Raja for consultation on the elections.
The president’s letter mentions a consensus on holding the general election for the National and all four provincial assemblies on the same day, as permitted under Article 48(5) of the Constitution, which empowers the president to set a date for general elections within 90 days after the National Assembly’s dissolution.
