ISLAMABAD – Chief Election Commissioner (CEC) Sikandar Sultan Raja has said that it was not come under the domain of President Arif Alvi to fix a date for next general elections since the National Assembly has been dissolved by him on the advice of the prime minister.
The chief of the electoral body, in his letter, also pointed out that “Section 57 of the Elections Act. 2017 has been amended vide amendment Act, 2023 on 26th June, 2023”.
“That prior to the amendment of Section 57(1) of the Act ibid, the President was required to consult the Commission in terms of Section 57 of the Elections Act. 2017, before appointing a date for election. However, after the amendment in Section 57, the Commission has been empowered to announce the date or dates for the General Elections”.
He said that the president can appoint a date for the general election when he dissolves the National Assembly, in his discretion, as provided in Article 58(2) read with Article 48(5) of the Constitution.
“However, if, the Assembly is dissolved on the advice of the Prime Minister or by afflux of time as provided in Article 58(1) of the Constitution, then the Commission understands and believes that power to appoint a date or dates for elections rests exclusively with the Commission. The Commission believes with utmost respect that the reliance placed on the provisions of the Constitution mentioned in your subject letter are not applicable in the present context,” reads the letter.
A day earlier, President Alvi sent a letter to Sikandar Sultan Raja, inviting him to a meeting to fix a date for general elections in the country.
The letter comes as the Election Commission of Pakistan (ECP) decided to conduct fresh delimitation of constituencies following the approval of the new digital census. It made it clear that general elections may go beyond the constitutionally stipulated 90 days period.
The National Assembly of Pakistan was dissolved prematurely on August 9 and as per the Constitution the elections must be held within 90 days.
In the letter, the president said the National Assembly was dissolved on the advice of the Prime Minister on August , 202
“And Whereas by virtue of Article 48 (5) of the Constitution of the Islamic Republic of Pakistan, the President is obliged to appoint a date not later than ninety days from the date of dissolution for the holding of the General Election of Assembly,” he wrote.
Citing Clause 5 of Article 48, the president said it was his duty to “appoint a date, not later than ninety days from the date of the dissolution, for the holding of a general election to the Assembly”.
