LAHORE: Punjab Assembly Speaker Sibtain Khan has requested President Dr Arif Alvi to exercise his powers and announce date for the elections of the provincial assembly in the wake of ‘deliberate inaction’ on part of the Election Commission of Pakistan (ECP).

Stating that the ECP’s inaction is tantamount to defiance of its constitutional obligations, the speaker says the president can announce election date while exercising his powers vested in him under Section 57(1) of the Election Act 2017 – to fulfill the constitutional requirement of holding general elections within the stipulated period.

The speaker has made the request in a letter written to President Dr Arif Alvi explaining all circumstances from dissolution of the Punjab Assembly, to persuasion of the governor to give a date for elections, governor’s eventual refusal, case landing in the Lahore High Court, direction going to the ECP for holding of elections within the stipulated time frame to eventual inaction of the Commission.

In his letter, the copy of which was sent to the chief election commissioner and the Punjab governor, Sibtain Khan stated the Punjab Assembly was dissolved on Jan 14 this year on the advice of former chief minister Chaudhry Parvez Elahi. After 48 hours, he stated, the governor declared the dissolution of the assembly and the cabinet vide his letter issued on Jan 14 to the chief minister and the opposition leader for appointment of the caretaker chief minister.

Requests Alvi to exercise his powers following ECP’s ‘deliberate inaction’

Mr Sibtain stated that he wrote to the governor on Jan 20 reminding him of his constitutional obligation to appoint a date, not later than 90 days from the date of dissolution, for holding of the general election.

He stated that a similar request was also made by the ECP to the Punjab governor on Jan 24. In reply thereto on Feb 1, the governor took the stance that the assembly stood dissolved by efflux of time stipulated in Article 112(1) of the Constitution and not by his (governor’s) orders.

Eventually, the ECP was asked to take further necessary action pursuant to Article 224 read with Article 218(3) and the applicable provisions of the Elections Act, 2017.

Through another letter on Feb 3, Mr Sibtain Khan stated that he expressed his disagreement with the views expressed by the governor and drew his attention to the fact that as per Article 105(3) of the Constitution, the appointment of caretaker cabinet was to be preceded by the appointment of date, not later than 90 days from the date of dissolution, for the holding of general election. He stated the governor was informed that appointment of caretaker cabinet without giving a date of election was tantamount to violating the Constitution.

In this backdrop, the PA speaker said the matter pertaining to the appointment of date for holding general elections to the provincial assembly was taken up for adjudication by the Lahore High Court upon a petition filed by the Pakistan Tehreek-i-Insaf.

While deciding the petition, the LHC stated that a constitutional duty under relevant constitutional provisions cast upon the ECP to organise and conduct elections.

“The LHC categorically observed that it is the obligation and duty of the ECP to immediately declare the date of general election to the Punjab Assembly and ensure that such elections are held not later than the constitutional limit of 90 days from the dissolution of the assembly,” the PA speaker said.

The LHC on Feb 10 directed the ECP to announce the date of election after consultation with the governor. “The required consultation between the ECP and the governor took place after an unexplained delay of three days with no date of election announced as yet,” Mr Khan observed.

The speaker said the ECP’s failure to abide by its constitutional duty and the directions of the LHC indicated a gross violation of the Constitution that called for immediate intervention by the head of the state i.e. president of Pakistan.Meanwhile, PTI secretary-general Asad Umer tweeted the images of the speaker’s letter to the president stating the speaker had requested that the ECP be directed to give date within 90 days of the dissolution of the assembly to save the country from imminent constitutional crisis.

Published in Dawn, February 17th, 2023