Supreme Court Sets February 11 as Election Date, Directs Election Commission to Collaborate with President
“Election Date Uncertainty Sparks Mixed Reactions Among Pakistan’s Political Parties
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Supreme Court Sets February 11 as Election Date
Attorney General for Pakistan, Mansoor Usman Awan, Holds Meeting with President Arif Alvi Following Supreme Court’s Directive on Election Date Consultation”
“Awan paid a visit to the President at the Aiwan-i-Sadr in Islamabad. Additionally, Chief Election Commissioner (CEC) Sikander Sultan Raja is scheduled to meet with the President today, in adherence to the Supreme Court’s instructions.”
“Earlier in the day, Chief Justice of Pakistan (CJP) Qazi Faez Isa issued an order, directing the Election Commission of Pakistan (ECP) to consult with President Alvi regarding the election date, as the electoral body had previously announced February 11 as the election date.
Justice Isa Directs AGP Awan to Facilitate Meeting with President Alvi and Ensures Election Date Resolution”
“In response to the directives, the Chief Justice of Pakistan, Justice Qazi Faez Isa, instructed Attorney General for Pakistan, Mansoor Usman Awan, to organize the meeting with President Arif Alvi. Awan was also tasked with providing President Alvi with the court order and being available to offer assistance.”
“Justice Isa expressed optimism that the issue of setting a date for the general elections would be resolved, with the court expecting to be informed of the outcome on November 3.”
“This order came after a three-judge bench, consisting of the Chief Justice, Justice Amin-ud-Din Khan, and Justice Athar Minallah, heard a series of petitions advocating for elections to be held within 90 days after the dissolution of the National Assembly and provincial legislatures.”
“During today’s hearing, Justice Isa sought clarity from the Election Commission of Pakistan (ECP) on the election schedule. The ECP’s lawyer, Sajeel Swati, mentioned a 54-day schedule following the delimitation process, set to be completed by November 30. He stated that all preparations, including constituency demarcation, would be finished by January 29, with the final list of constituencies published on December 5.”
“In response to the ECP’s decision to hold elections on February 11, Justice Isa inquired whether President Arif Alvi had been consulted. Swati’s response that the ECP was not obligated to do so drew the chief justice’s criticism. Justice Isa insisted that both the President and the ECP are Pakistani entities and directed the ECP to engage with President Alvi.”
“After a brief recess in the hearing, Swati informed the Supreme Court that the ECP would be consulting with the president on the matter. Justice Isa encouraged the ECP to reach out to President Alvi even if he did not initiate the contact. He also instructed AGP Awan to remain present during the consultation.”
“Subsequently, the Chief Justice, while outlining the order of the proceedings, emphasized that the election date provided must be implemented. He stated that the Supreme Court’s intention is for the elections to proceed without any disputes, with the final date to be announced by the court. Justice Isa added that petitions concerning delays would not be entertained after this decision.”
Later, Secretary Omar Hamid Khan confirmed to Geo News that the consultation with the president would take place ‘shortly.
Constitutional and legal decision
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During a press conference outside the Supreme Court, PPP lawyer Farooq H. Naek remarked, ‘Irrespective of past events, while the elections ideally should have occurred within 90 days, given the current situation, it is imperative for parliamentarians to consider a constitutional amendment to Article 254 in order to legitimize the February 11 election date.
So that no one can subsequently argue that the elections were not conducted within the 90-day mandate.”
“Article 254 of the Constitution stipulates that ‘when something is required to be completed within a specified period, its validity is not compromised or rendered ineffective solely because it was not accomplished within the designated timeframe.'”
“When questioned about whether the president is obligated to consult the Election Commission of Pakistan (ECP), Naek stated, ‘In my perspective, the President of Pakistan is under no obligation to consult the ECP regarding the election date. He possesses the authority and, at most, if he needs to consult anyone, it would be under Article 48(1), where he can consult the Prime Minister. In my opinion, the letter he wrote was, at best, questionable.’
“Subsequently, former ECP secretary Kanwar Dilshad, in an interview with DawnNewsTV, expressed his belief that the ECP would complete its delimitation process by November 30 and might unveil the election schedule by mid-December. He viewed the decision as a positive and legally sound one.”
“When asked if February 11 is the definitive date, Dilshad replied, ‘The ECP is obligated to adhere to the Supreme Court’s guidelines. Announcing the date to the court was a significant step, and it would be challenging to reverse it now.’ He noted that February 11 falls on a Sunday, offering better weather conditions, addressing concerns raised by some political parties about snow and fog. According to his estimates, Senate elections could occur on March 5-6, with the presidential election following after March 15-16.”
“Meanwhile, PPP’s Shazia Marri celebrated today’s announcement as a ‘triumph of democracy and the Constitution,’ asserting that ‘the PPP is the sole party that has consistently called for an election date.’ She suggested that this announcement was not a formal declaration but emerged during court proceedings, urging the ECP to officially announce the date.
Today’s hearing
At the start of today’s hearing, Farooq H. Naek, representing the PPP, appeared in the Supreme Court and requested to be included as a respondent in the case. His request was granted by the judges after PTI’s Barrister Ali Zafar expressed no objections.”
“Zafar then began presenting his arguments, asserting that elections should be conducted within 90 days. However, Chief Justice Isa remarked, ‘Your request for elections within 90 days is now ineffective.'”
“The PTI lawyer insisted that his argument was rooted in a fundamental right, to which Justice Isa asked if he simply wanted elections to happen immediately. Zafar affirmed this, and when the chief justice asked if anyone opposed it, both the PTI counsel and Attorney General for Pakistan Mansoor Usman Awan replied in the negative.”
“Zafar continued by stating that Articles 58 (Dissolution of the National Assembly) and 224 (Time of election and by-election) could be interpreted, emphasizing that without elections, the Parliament cannot function, and laws cannot be enacted.”
“He went on to highlight that there is a distinction between providing a schedule for elections and announcing the specific election date, adding that the Constitution also mentions the announcement of the election date.”
“Zafar mentioned that the Ministry of Law and Justice believed that the president did not possess the authority to set the election date. According to the 90-day deadline, elections should have been held on November 7.”
“It’s worth noting that President Dr. Arif Alvi had written a letter to Chief Election Commissioner (CEC) Sikandar Sultan Raja on September 13, proposing that elections be held by November 6. However, the Ministry of Law and Justice later informed Alvi that the power to announce the election date rested with the ECP, not the president.”
“During today’s hearing, Justice Minallah questioned why it took the president so long to write the letter to the ECP. Chief Justice Isa noted that the text of the letter was ‘vague’ and asked if the president sought an opinion from the Supreme Court, to which Zafar said he did not.”
“At one point, the chief justice asked if the PTI lawyer was implying that the president had not fulfilled his constitutional responsibility, pointing out that the assembly was dissolved on August 9, but the president wrote the letter in September.”
“Justice Minallah stated that the command of the Constitution was clear that the president should provide the election date, and there was no dispute about it.”
“Zafar said that in his opinion, the president had fulfilled his responsibility, and Justice Minallah noted that there would have been no objections if the president had given the election date on the day the National Assembly was dissolved.”
“The chief justice asked, ‘What do you want from us now? Do you want us to direct the president to give a date? Can this court now issue a writ against the President?'”
“He highlighted that machinery was involved in conducting elections and asked if the Supreme Court could set the election date. Justice Minallah pointed out that Article 98 of the Constitution was clear about the court’s role in the matter.”
“Zafar replied that the ECP had stated that the authority to set the election date lay with the ECP. He added that the court needed to consider its role in the matter.”
“The chief justice asked if the court could go against the president and set the election date, emphasizing that the Constitution granted the apex court the authority to do so.”
“The PTI counsel mentioned that such actions had been taken before, but Justice Minallah noted that the current issue under discussion was different.”
“Chief Justice Isa stated that holding elections was not a problem and suggested that the PTI leader could have called the president to instruct him to announce the election date.”
“He also noted that the president had mentioned a date in his letter that fell after the constitutionally stipulated 90-day period ended.”
“At one point during the hearing, Justice Khan said that Zafar’s argument implied that the president had deviated from the Constitution.”
“Justice Minallah stated that every day beyond the prescribed 90-day period for holding elections ‘is a violation of the Constitution.'”
“As Zafar concluded his arguments, Abid Zuberi, Supreme Court Bar Association chief and one of the petitioners, spoke and agreed with Zafar’s arguments. He referenced a previous SC judgment that declared the postponement of elections to the Punjab Assembly as ‘unconstitutional’ and set a date for polls.”
“However, Chief Justice Isa noted that the court’s concern was general elections, and he wanted each institution to fulfill its responsibilities. He asked Zuberi if he wanted President Alvi to be charged under Article 6 of the Constitution.”
“Zuberi clarified that they only sought timely elections.”
“The chief justice emphasized that Zuberi was delving into the interpretation of the Constitution, which the bench could not do. He highlighted that in no other country except Pakistan, court decisions could change the Constitution.”
“When Farooq H. Naek of the PPP came to the rostrum, he stated that the president should not have written the letter to the ECP, noting that the president provided the date for polls, after which the electoral body released a schedule.”
“Chief Justice Isa pointed out that 90 days had not yet passed, and Justice Minallah asked if the PPP had objected to the census during the Council of Common Interests.”
“Naek replied in the negative, and Justice Minallah stated that everyone, including the PPP, was responsible for the delay in elections. He emphasized that elections must be held on time.”
“The judge further stated that every day beyond the prescribed 90-day period to hold polls ‘is a violation of the Constitution.'”
“As Zafar concluded his arguments, Supreme Court Bar Association chief Abid Zuberi, one of the petitioners, came to the rostrum. He said he agreed with Zafar’s arguments.”
“Zuberi mentioned the SC’s April 4 judgment in which it had declared ECP’s decision to postpone polls to the Punjab Assembly as ‘unconstitutional’ and had fixed May 14 as the date for polls in the province.”
“However, Chief Justice Isa noted that the court was only concerned with general elections and wanted every institution to do its job. He asked Zuberi if he wanted President Alvi to be charged under Article 6 of the Constitution.”
“Zuberi clarified that they only sought timely elections.”
“The chief justice emphasized that Zuberi was delving into the interpretation of the Constitution, which the bench could not do. He highlighted that in no other country except Pakistan, court decisions could change the Constitution.”
Election delay
The Election Commission of Pakistan (ECP) previously ruled out holding elections this year, citing the necessity for the fresh delimitation of constituencies. Article 224 of the Constitution mandates that elections must be held within 90 days of the dissolution of the National Assembly, which occurred three days before the end of its constitutional term, setting the deadline for elections by November 7.”
“However, Section 17(2) of the Elections Act stipulates that ‘the commission shall delimit constituencies after every census is officially published.'”
“Last month, the commission announced that elections would take place in January 2024 but did not specify a date.”
“This decision has elicited mixed reactions from political parties. The JUI-F has expressed opposition to the timing of the polls, citing ‘weather conditions,’ while the PML-N has voiced support for the ECP’s stance.”
“On the other hand, the PPP and PTI have called for the immediate announcement of the election date and assurance of a level playing field. Meanwhile, the caretaker government has expressed optimism that the election date will be announced shortly.