ISLAMABAD: The Election Commission of Pakistan (ECP) on Friday considered in detail the constitutional and legal implications of the letter sent by President Dr Arif Alvi.

The meeting chaired by Chief Election Commissioner (CEC) Sikandar Sultan Raja also considered the letter written by the Ministry of Interior on February 8, 2023, in which the ministry refused to deploy the Pakistan Army and civil armed forces for static duty citing precarious security situation and forces’ involvement in the war against terrorism.

The ECP also considered the country’s economic situation and the Finance Division’s refusal to provide more funds for electoral activities.

It also deliberated on the security concerns and other factors highlighted by Punjab and Khyber Pakhtunkhwa chief secretaries and inspectors general of police, which were imperative for holding peaceful elections.

Apart from the ECP members, the Secretary Election Commission and other senior officers also attended the meeting.

Earlier, President Dr Arif Alvi wrote a letter to the Chief Election Commissioner (CEC) and asked the Election Commission of Pakistan (ECP) to immediately announce the date of elections for provincial assemblies as per Elections Act, 2017 by issuing the election schedule for provincial assemblies of Punjab and Khyber Pakhtunkhwa (KP) to put an end to dangerous speculative propaganda for the upcoming provincial elections in Punjab and KP as well as the future general elections.

[embedpost slug=”ecp-fails-to-fulfill-its-constitutional-responsibilities-smq”]

In his letter to the Chief Election Commissioner (CEC), the President referred to the dissolution of the provincial assemblies of Punjab and Khyber Pakhtunkhwa and said that the election of an Assembly is to be held within 90 days of the dissolution as provided by the Article 224(2) of the Constitution which emphasized the holding of election in 90 days.

He added that the conduct and holding of elections was the primary and essential duty of the ECP as per PART VIII of the Constitution, particularly Article 218 (3) which assigned the duty to the ECP to ensure the holding of fair and free elections.

Referring to Article 42 and Third Schedule, the President stressed that he was under oath ‘to preserve, protect and defend the Constitution’ being the Head of State. He reminded CEC and the Members of the ECP about their fundamental duty as per their Oath under Article 214 and Third Schedule of the Constitution that says ‘I will discharge my duties……faithfully in accordance with the Constitution of Islamic Republic of Pakistan’ and the Elections Act, 2017 to avoid serious consequences of breach/violation of the Constitution/law and announce election schedule of the two dissolved Assemblies forthwith.

Highlighting the significance of the Preamble/Objectives Resolution, the President said that the Preamble stated in unambiguous words that ‘the State shall exercise its power and authority through the chosen representatives of the people’.

The President emphasized that the oldest democracies had never delayed elections even during wars. He said that the Commission itself had already taken an appropriate constitutional step and had announced the holding of bye-elections of National Assembly seats of different constituencies.

He concluded that he was of the firm view that there were no such circumstances in the country that provided any justification for delaying or postponing the elections.