- Sep 26, 2018
- ECP says matter of Punjab polls date "subjudice at various judicial fora".
- Says electoral body was well aware of its constitutional and legal obligations.
- Says LHC order for announcing polls date challenged via intra court appeal.
On Friday, President Alvi summoned the election commissioner for an "urgent meeting" on February 20 (Monday) to hold consultation on the date of the poll, lambasting him over ECP’s “poignant approach” regarding the general elections date.
However, after finding fault with the president's "choice of words" in the letter, ECP has now said that it may not be able to enter into a process of consultation with the office of the president due to the "matter being subjudice at various judicial fora" and several other reasons.
A letter issued by the ECP secretary to president's secretary stated that the electoral body was well aware of its constitutional and legal obligations.
"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," it stated.
The ECP secretary informed the office of the president that the commission — following the dissolution of Punjab and Khyber Pakhtunkhwa assemblies — had approached the governors of both the provinces for deciding a date for holding the polls. He said that the Punjab and KP governors had responded to the letters but were yet to issue a date.
In reference to Lahore High Court's (LHC) directive for Punjab election date, the letter stated that the ECP held a consultative meeting with Punjab Baligh ur Rehman in line with the orders but the latter expressed intention to avail the legal remedy against the judgment as "it was not binding on him".
The ECP secretary informed the office of the president that the commission had sought further guidance from the high court via a miscellaneous plea, and challenged its order via a separate intracourt appeal "on the ground that the process of consultation with the Governor is not provided in the Constitution".
Moreover, three writ petitions had also been filed in the Peshawar High Court, seeking directions for appointing a date for holding general elections in KP, he added.
"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," the letter read.
Consultations on Punjab, KP polls not possible at this time, ECP tells President Alvi
ECP says consultation on Punjab and KP polls not possible due to matter being subjudice at various judicial fora