The Election Fee of Pakistan (ECP) has excused itself from holding consultations with President Arif Alvi on elections in Punjab and Khyber Pakhtunkhwa in the interim, saying that the matter was already beneath judicial consideration.
On Friday, President Alvi summoned the election commissioner for an “pressing assembly” on February 20 (Monday) to carry session on the date of the ballot, lambasting him over ECP’s “poignant method” relating to the final elections date.
Nevertheless, after discovering fault with the president’s “alternative of phrases” within the letter, ECP has now stated that it could not be capable of enter right into a means of session with the workplace of the president as a result of “matter being subjudice at numerous judicial fora” and a number of other different causes.
A letter issued by the ECP secretary to president’s secretary acknowledged that the electoral physique was effectively conscious of its constitutional and authorized obligations.
“It’s pertinent to say that Article 105 learn with Article 112 of the Structure of Islamic Republic of Pakistan, 1973, offers the process for appointment of ballot date in case of dissolution of the provincial assemblies,” it acknowledged.
The ECP secretary knowledgeable the workplace of the president that the fee – following the dissolution of Punjab and Khyber Pakhtunkhwa assemblies – had approached the governors of each the provinces for deciding a date for holding the polls. He stated that the Punjab and KP governors had responded to the letters however have been but to situation a date.
In reference to Lahore Excessive Courtroom’s (LHC) directive for Punjab election date, the letter acknowledged that the ECP held a consultative assembly with Punjab Balighur Rehman according to the orders however the latter expressed intention to avail the authorized treatment towards the judgment as “it was not binding on him”.
The ECP secretary knowledgeable the workplace of the president that the fee had sought additional steerage from the excessive court docket by way of a miscellaneous plea, and challenged its order by way of a separate intracourt attraction “on the bottom that the method of session with the Governor just isn’t offered within the Structure”.
Furthermore, three writ petitions had additionally been filed within the Peshawar Excessive Courtroom, looking for instructions for appointing a date for holding common elections in KP, he added. “It’s clarified that the Structure doesn’t empower the Election Fee to nominate a ballot date in case of dissolution of a provincial Meeting by the Governor or resulting from afflux of time as offered in Article 112(1) of the Structure,” the letter learn.