Election date: ECP says it may not be able to consult President

ISLAMABAD: The Election Commission of Pakistan has responded to President’s letter with letter, saying it may not be able to enter into a process of consultation with the office of the President on the subject of finalizing dates for elections in KP and Punjab.

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In a letter addressed to the office of the President on Sunday, the ECP however said the final decision in the matter would be taken by the Commission in its meeting scheduled to be held on Monday 20th February, 2023.

Secretary ECP Omar Hamid Khan wrote “I am directed to state that the subject letter was placed before the Commission for consideration. The Commission after deliberation has directed the undersigned to convey that the Commission is well aware of its constitutional and legal obligations and has already conveyed its response to the earlier letter, dated 8th February, 2023 explaining complete background. It is pertinent to mention that Article 105 read with Article 112 of the Constitution of Islamic Republic of Pakistan. 1973 provides the procedure for appointment of poll date in case of dissolution of the provincial assemblies.”

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He further wrote that “the Commission after the dissolution of the provincial Assembly of Punjab and Khyber Pakhtunkhwa approached the Governors of the respective provinces for appointment of poll date. The worthy Governor Punjab and Khyber Pakhtunkhwa have responded to our letters but have not appointed a date for holding of General Elections. It is also worth mentioning here that in compliance of the judgment of the Hon’ble Lahore High Court, Lahore dated 10th February, 2023, the Commission held a consultative meeting with the worthy Governor Punjab on 14th February, 2023. However, the Governor Punjab regretted to appoint a poll date and informed that he would avail legal remedy against the judgment of the Lahore High Court, as it was not binding on him. The Commission has also sought further guidance from the Hon’ble Lahore High Court, Lahore by filing Civil Misc. Application and in addition has challenged the judgment through Intra Court Appeal on the ground that the process of consultation with the Governor is not provided in the Constitution. Similarly, three writ petitions have been filed in the Hon’ble Peshawar High Court, Peshawar, seeking directions for appointing a date for holding of General Elections to the provincial Assembly. It is clarified that the Constitution does not empower the Election Commission to appoint a poll date in case of dissolution of a provincial Assembly by the Governor or due to afflux of time as provided in Article 112(1) of the Constitution.”

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The ECP said for the subject matter at hand, due to the reasons stated above and matter being subjudice at various judicial fora, regrettably the Commission may not be able to enter into a process of consultation with the office of the President. However, the final decision in the matter will be taken by the Commission in its meeting scheduled to be held on Monday 20th February, 2023. The office of the President is the highest constitutional body and President is head of the state, the Commission has highest regard for the office of the Hon’ble President.

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