Pakistan Tehreek-e-Insaf (PTI) Secretary General Omar Ayub Khan called upon President Dr. Arif Alvi to fulfil constitutional obligation and mandate and announce the date of elections so that people could choose their elected representatives and the state could start functioning in accordance with the will of the people.
In a letter to the President, PTI Secretary General said that under Article 48(5) of the Constitution, when the President dissolved the National Assembly, he was to appoint a date not later than 90 days from the date of dissolution for holding of general elections to the Assembly.
“This Article has also been interpreted in two judgements of the Supreme Court of Pakistan namely Mohammad Sibtain Khan and others Vs. Election Commission of Pakistan and Suo Motu regarding holding of general elections to the provincial assemblies of Punjab and Khyber-Pakhtunkhwa (KP),” he added.
The letter reads: “The giving of the date is hence a Constitutional obligation and mandate of the President. Needless to say, that loyalty to state and obedience to the Constitution and law is the inviolable obligation of every citizen wherever he may be and of every other person for the time being in Pakistan (Article 5).”
He stated that that under the preamble of the constitution, the state shall exercise its powers and authority through the chosen representatives of the people and the holding of the elections to the NA was the basic foundation of democracy without which the constitution itself was unworkable and the state cannot function.
Omar recalled: “Since the NA was dissolved by yourself on 9th August, 2023 on the advice of the Prime Minister, the date for holding of general elections has to be given by you in accordance with the Constitution and the law as well as the judgements of the SC.” “We may mention here that under Section 57 of the Elections Act, 2017, ECP has been given the right to appoint the date for elections but the section itself states that this is subject to the Constitution.
