ECP announces date for general elections

Islamabad: The Election Commission of Pakistan (ECP) Thursday announced the date of general elections in Pakistan to be held on February 11, 2024.

According to details, Chief Justice of Pakistan (CJP) Qazi Faez Isa heard the case of conducting general elections in 90 days. In this regard, Election Commission lawyer Sujeel Swati stated in the court that the constituencies will be completed by November 30 and the elections should be held on February 11.

The Chief Justice asked whether the President of Pakistan Dr. Arif Alvi is on board regarding the date of the elections or if he consulted about the election date.

Chief Justice directed that the Election Commission should consult the President today.

Today’s hearing

During the hearing, Chief Justice Qazi Faez Isa, talking to the laywer of Pakistan Tehreek-e-Insaf (PTI) Barrister Ali Zafar, said that the President violated the Constitution by not announcing the date of the election.

Tehreek-e-Insaf's lawyer Ali Zafar argued that has limited its appeal to holding elections in 90 days. According to the constitution, elections must be held within 90 days of the dissolution of the assemblies.

On which the Chief Justice said that the request for elections in 90 days has become ineffective. It was said at the previous hearing that elections are not possible in 90 days.

Barrister Ali Zafar stated that PTI only wants elections, fundamental rights are connected with the election case. If there are no elections, there will be no parliament and legislation. Date and schedule of elections are two different matters. The matter of announcing date for elections is mentioned in the constitution. The President wrote a letter for consultation with the Election Commission.

To which the Chief Justice said: “The President wrote in the letter that the court should look into the matter of the elections, is the President asking the Supreme Court to take notice of the matter.

The PTI lawyer said that the president wrote in the letter that the court can also review. On which Justice Qazi said that the president did not give any date for the elections in the letter, did he fulfill his constitutional responsibility?

Barrister Ali Zafar said that the President fulfilled his responsibility by consulting on the elections. Justice Athar Manullah said that the assemblies were dissolved on August 09, so why did the President write a letter to ECP on September 02.

Lawyer Ali replied that Election Commission told the President that it is not your authority to give the date. The Chief Justice said, “Can we see the letter in which the President announced the date”?

Justice Athar Manullah added that President should order the date and the government should notify it, while the Chief Justice asked about the letter in which the President pronounced the date.

PTI lawyer Ali Zafar read out the President's letter, on which Chief Justice said that the Assembly was dissolved on August 9, if anyone has objection to it. If the president did not give the date, can action be taken against him.

The Chief Justice remarked that the election is an important matter, but should the person who did not give the date be issued contempt of court notice. Your arguments are if the president did not give the date, take action against him. You are representing the same political party whose leader the president called his leader. Talk to your leader on the phone and make the president announce the election date.

PTI's lawyer said that the letter from the President regarding the date of elections is vague. On which the Chief Justice remarked: “Are you saying that the President has not fulfilled the constitutional obligation by not giving the date? Does the Supreme Court have the authority to give the date of elections under the Constitution? If the date is to be given by the president, should the court instruct him? If the President does not announce the date, should we take contempt of court action against him”?

Justice Qazi Faiz Isa said, ‘Ali Zafar, you are saying that the President is guilty of violating the Constitution,’ while Justice Athar Minullah said, ‘You are saying that ECP and the President are bound to give the date of the election and the delay has violated the constitution every day.

Qazi Faez Isa remarked that Election Commission says it is its authority to give the date of elections under Section 57 of the Election Act. Have you challenged the amendment of Section 57 of the Election Act? The President has to give the date and the Election Commission has to notify it, whatever the Election Commission says, Ali Zafar you say that the President should give the date.

Lawyer Ali Zafar said that announcing the date is the constitutional responsibility of President and the Election Commission. Upon which Justice Amin-ud-Din asked if the ECP had not come for consultation, even then the President would have announced the date.

The Chief Justice of Pakistan asked whether the President replied to the August 24letter of Election Commission.

PTI's lawyer said that it would be better to see the President not as an individual but as the President of the State, to which the Chief Justice said: “The President is not an individual but an institution”.

Ali Zafar said that according to President, the date of elections was November 07. The Chief Justice inquired whether the President gave the date of the elections.

Justice Athar Minullah said the constitution is clear that the date was to be given by the president. The constitution will be violated on November 7. Every day will be considered a violation of the constitution if elections are not held on November 07.

The Chief Justice said that the President knew all the procedures, he has immunity under Article 248, but tell me when he gave the date. The President's calculation was correct that the 89th day after the dissolution of the Assembly is November 6. The President himself violated the Constitution by not giving the date.

Tehreek-e-Insaaf's lawyer Ali Zafar added that now everyone is violating the constitution, to which the Chief Justice said, “Not everyone, you should say that only the president is violating the constitution”.

Ali Zafar said that the Ministry of Law opined that the President cannot give a date, if 90 days are counted, the elections will be held on November 7. Justice Atha Minullah said that why president took so much time for writing to ECP.

The Chief Justice of Pakistan said to PTI's lawyer, if the President has not said anything to us, then why are you reading the letter in front of us? The text of the President's letter is also quite vague.