ISLAMABAD: President Arif Alvi wrote to the Ministry of Law and Justice on Thursday to seek “advice” on the ECP letter, arguing that the president cannot set the polls’ date.
President House stated on X, formerly Twitter, that Alvi wrote the letter to the ministry’s secretary on the ECP’s answer to his plea for a meeting to set the election date.
However, Caretaker Law Minister Ahmad Irfan Aslam said they have not received the president’s letter.
After receiving the letter, Aslam stated that they will respond according to the law. The ECP informed Alvi that the President not entitled to set the election date.
The ECP responded to President Alvi’s letter inviting Chief Election Commissioner (CEC) Sikandar Sultan Raja today, saying he couldn’t set poll dates after election law modifications.
The development came in a meeting led by CEC Raja to consider the topic and conclude it would be “scant consequence”.
Dr. Arif Alvi wrote to the CEC that since the National Assembly dissolved on August 9, 2023, under Article 48 (5) of the Constitution, the president had to set a date for a general election within 90 days.
“Forgoing in view, the Chief Election Commissioner invited to meet with the President today or tomorrow to set a date,” the letter stated.
CEC Raja told the president that the National Assembly dissolved on August 9, 2023, per Article 58(1) of the Constitution on the prime minister’s advice.
The letter noted that Section 57 of the Elections Act, 2017 changed to expand the ECP’s polling powers.
“That before the revision of Section 57(1) of the act ibid, the president had to consult the commission under Section 57 of the Elections Act. 2017, before setting an election date. After Section 57 amended, the commission can now declare the General Election dates, the letter read.
It added that the president can set an election date if the NA under Article 58(2) read with Article 48(5) of the Constitution.
The Election Commission believes that it has exclusive power to set election dates if the assembly is dissolved on the prime minister’s advice or by afflux of time as provided in Article 58(1) of the Constitution.
“The commission believes with the utmost respect that the reliance placed on the Constitution mentioned in your subject letter are not applicable in the present context,” the letter said.
The CEC stated fresh delimitation “is one of the foundational legal steps towards election” after the 2023 census result was approved.
According to the last census published on August 7, 2023, the commission decided to delimit constituencies under section 17(2) of the Elections Act, 2017, to protect the fundamental rights of contesting candidates, political parties, and electorates under Article 17(2) of the Constitution.
Raja responded to criticism over the poll postponement by saying that the ECP is taking its general election role seriously and has invited the major political parties to discuss the electoral roadmap.
“In view of the above, the commission considers meeting participation of little consequence.”
