Holding elections in Ramzan must be reconsidered
HINTING at a possible delay in holding elections, the KP Governor Ghulam Ali linked elections in KP with improvement of provincial security and economic situation.
He is of the view that if a province demands to conduct a census first or intelligence agencies advise to postpone elections then how will the elections be held.
In this situation, institutions, intelligence agencies, establishment and the Election Commission of Pakistan will decide when to hold elections.
With the Assembly dissolved in the province and a caretaker setup in place, the Governor is bound by the Constitution to give a date for the polls no more than 90 days after the dissolution of the Assembly, as per Article 105(3) read with Article 224 and Article 224-A of the Constitution.
On the other side, the Election Commission of Pakistan has reached out to caretaker governments in Punjab and KP, proposing dates for the elections.
It is suggested, elections will be held between 9 and 13 April in Punjab and in KP between 15 and 17 April.
Punjab Caretaker Chief Minister Mohsin Naqvi categorically said his government is ready to hold free and fair elections in the province.
Punjab Provincial Assembly stood dissolved as of 14 January, but the Governor was yet to issue a date for the elections.
Governor has not given any reasons for not announcing the date but reiterated that the constitutional process would be followed.
President of Pakistan Dr Arif Alvi has also warned the federal government against delaying the elections in Punjab and KP.
There is no justification to postpone elections under the Constitution. The government and the relevant institutions must ensure that elections in Punjab and KP are held within the timeframe given in the Constitution.
The Election Commission of Pakistan issued the schedule for election on 33 National Assembly seats, setting 16 March as the by-polls date.
The seats had fallen vacant after the Speaker of the National Assembly, accepted 35 more resignations of PTI lawmakers earlier this month.
The Speaker later accepted more resignation in two parts followed by their de-notification by the Election Commission of Pakistan, taking the total number of those de-notified this month to 113, including 86 members elected on general seats, 23 on reserved seats for women and four on reserved seats for religious minorities.
As the ECP is supposed to conduct by-polls in 93 National Assembly constituencies, the schedule for the rest of the constituencies is also expected to be announced soon.
The Election Commission of Pakistan has started its homework to hold elections for KP and Punjab assemblies as well as 93 recently vacated National Assembly seats.
As mandated under Article 224 of the Constitution, these elections must be held within 90 days of the dissolution of the two provincial assemblies and the formal vacation of the NA seats.
The ECP has proposed holding elections for the Punjab legislators between April 9 and 13, for KP between 15 and 17 April.
Those dates suggest that the ECP wants the elections held at the tail end of the 90 days window; in the later half of Ramzan.
Meanwhile NA by-elections will be held on 16 March. While there is no legal bar on holding elections for some assemblies early and for the remaining later on, it has been or not been done before.
The novelty of the situation has given rise to some interesting speculation and concerns. The number of seats for which the ECP has to organize elections in the next three months accounts for more than two thirds of the seats usually contested in a general election.
The Election Commission of Pakistan has been forced to seek a supplementary grant to finance this massive exercise, as the funds previously allocated for the general elections are significant portion of those funds may end up being wasted, while the elections for the provincial assemblies will at least return lawmakers who can serve for five years, elections for the National Assembly seats will need to be held again when the current assembly is packed-up.
The decision to hold elections in the month of fasting must be reconsidered, as it is likely that both preparations and turn out will be adversely affected amidst the overall slowdown in activity during the period.
In another bid to frustrate the ruling government Chairman PTI Imran Khan has decided to contest by-elections on 33 National Assembly seats of PTI lawmakers.
The by-polls on these seats will take place on 16 March. According to PTI, the party leaders who were de-seated from the said constituencies will submit their nomination papers as covering candidates for Imran Khan.
This is not the first time Imran Khan has decided to contest by-polls on multiple seats against the ruling government.
In previous by-elections held in October 2022, Imran Khan contested from eight constituencies and emerged victorious in six.
As per Article 223, nothing in clause 1 shall prevent from being a candidate for two or more seats at the same time, whether in the same body or in different bodies.
—The writer is former Secretary Election Commission of Pakistan and currently Chairman National Democratic Foundation.
