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President not authorised to fix election date, ECP tells Alvi

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1 year ago

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ISLAMABAD: The Election Commission of Pakistan (ECP) on Thursday responded to President Arif Alvi’s letter inviting Chief Election Commissioner (CEC) Sikandar Sultan Raja and stated that the president is no longer empowered to fix the date for polls after amendments in election laws.

The development comes in a meeting chaired by CEC Raja to ponder over the matter and concluded that the meeting would be of “scant consequence”.

Dr Arif Alvi, in the letter to the CEC, said since the National Assembly was dissolved on August 9, 2023, therefore under Article 48 (5) of the Constitution, he (as the president) was obliged to appoint a date not later than 90 days from the date of dissolution for the holding of general election of National Assembly.

“Forgoing in view, the Chief Election Commissioner is invited for a meeting with the President today or tomorrow to fix an appropriate date,” the letter noted.

In his response to the president, CEC Raja stated that the National Assembly was dissolved in terms of Article 58(1) of the Constitution on the advice of the prime minister on August 9, 2023.

The letter pointed out that Section 57 of the Elections Act, 2017 has been amended after which the ECP’s authorities have been increased regarding holding of polls.

“That prior to the amendment of Section 57(1) of the act ibid, the president was required to consult the commission in terms of Section 57 of the Elections Act. 2017, before appointing a date for the election. However, after the amendment in Section 57, the commission has been empowered to announce the date or dates for the General Elections,” the letter read.

It further stated that the president can fix a date for election if the NA under Article 58(2) read with Article 48(5) of the Constitution.

The Election Commission noted that if the assembly is dissolved on the advice of the prime minister or by afflux of time as provided in Article 58(1) of the Constitution, then the commission understands and believes that power to appoint a date or dates for elections rests exclusively with the commission.

“The commission believes with the utmost respect that the reliance placed on the provisions of the Constitution mentioned in your subject letter are not applicable in the present context,” the letter added.

The CEC also highlighted the issue of fresh delimitation after the approval of the 2023 census result which he said “is one of the foundational legal steps towards election”.

“In pursuance of the last preceding census officially published on August 7, 2023, the commission decided to carry out fresh delimitation of constituencies as provided under section 17(2) of the Elections Act, 2017, to protect the fundamental rights of contesting candidates, political parties and electorates as guaranteed under Article 17(2) of the Constitution.”

In response to the criticism over the delay in polls, Raja said that the ECP is taking its responsibility of holding the general election very seriously and has also initiated the process of inviting the major political parties to hear them on the electoral roadmap.

“In view of the above, the commission is of the considered view that participation in the meeting would be of scant consequence.”

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PTI suggests resuming talks with government over judicial commission issue.

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7 days ago

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Barrister Gohar, Chairman of the PTI, has claimed that the party’s founder has suspended negotiations, emphasizing that the government should declare the commission within seven days.

He emphasized the PTI’s openness to rethink if the government makes headway and establishes the commission.

Barrister Gohar told the reporters, “Seven days were enough to announce the commission.” We are ready to reconsider, but the government must first announce the commission.”

He stated that the PTI approached the negotiations with an open mind. “The PTI founder has halted the negotiations. “The government had eight laws on their agenda, while we only had two demands,” he stated.

The PTI chairman went on to say that even after seven days, no progress had been made in forming the commission. He encouraged the government to reconsider the decision and proceed with the announcement.

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PTI will declare February 8 to be “Black Day,” sparking protests across the country.

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2 weeks ago

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According to reports, the Pakistan Tehreek-e-Insaf (PTI) intends to hold rallies nationwide on Wednesday in support of its decision to declare February 8, the one-year anniversary of the general elections, a black day.

According to media sources, PTI founder Imran Khan has instructed all party lawmakers—including MPAs and MNAs—to plan and take part in demonstrations in their local communities on February 8 in order to draw attention to their complaints and issues.

In a recent meeting with legal advisors on Wednesday, Imran Khan expressed dissatisfaction with the performance of the party’s Information Secretary Sheikh Waqas Akram. The meeting emphasized the importance of party discipline and gave stern directives to abstain from any criticism of Maulana Fazlur Rehman, the head of the JUI-F.

It has also been suggested that the PTI engage opposition leaders in the demonstrations in order to win their support.

Party insiders revealed that the founder has urged leaders to ensure effective coordination and mobilised efforts in preparation for February 8.

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In 13 cases involving the D-Chowk demonstration, Bushra Bibi granted temporary release until February 7.

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2 weeks ago

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Bushra Bibi, the wife of the PTI chairman, was granted temporary release by the Islamabad Anti-Terrorism Court (ATC) in 13 counts pertaining to the November 26 D-Chowk protest. Judge Tahir Abbas Supra ordered the police to produce all pertinent documentation by February 7 and granted bail against surety bonds of Rs. 5,000 apiece.

Additionally, Bushra Bibi was given temporary release until February 7 in the Rangers’ accident case. During the hearing, Judge Tahir Abbas Supra expressed disappointment over the behavior of the defense counsel on two occasions. Addressing the lawyers, he remarked, “You demand VIP protocol everywhere, but this is not possible. Prepare your files properly before coming to court.”

Three cases at the Secretariat Police Station, two each at the Margalla, Karachi Company, and Ramna Police Stations, and one each at the Tarnol, Kohsar, Aabpara, and Khanna Police Stations are among the numerous charges against Bushra Bibi.

In addition, the judge chastised the defense team for requesting that Bushra Bibi sign and thumbprint blank documents. He said, “The accused must sign and thumbprint the court orders, not blank sheets.”

Bushra Bibi also went to the Islamabad High Court to have her biometrics verified in relation to her appeal to be exonerated in the Toshakhana-II case. On Monday, Bushra Bibi and the PTI chairman submitted their acquittal petitions. After finishing the biometric procedure, she departed right away.

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