“The ECP’s unwillingness to fulfil its obligations is an admission of failure”

Ameerul Azeem, JI Leader

The Election Commission of Pakistan (ECP) is the constitutional institution responsible for holding elections. The ECP’s unwillingness to fulfil its constitutional obligations is an admission of failure. No institution or person is above the Constitution.

The constitutional obligation to hold elections within 90 days must be met under any circumstances. The country has been plagued with political and economic turmoil, and the delay in releasing the election schedule is only adding fuel to the fire. Apparently, it is a set game plan of the establishment to further damage the already tainted image of relevant institutions and politicians before the public at large. The crisis will continue until the general public openly blames ECP and politicians from both sides of the political aisle for the disastrous situation.

That stage will be suitable for the establishment to intervene for “necessary correction” and present itself as the saviour of the country. As the constitutional head of the country, President Arif Alvi has the right to call anyone for a consultative meeting. He can call the ECP chairman, the Prime Minister, or the head of any institution for the consultative meeting. In my opinion, ECP Chairman Sikandar Sultan Raja should have accepted the invitation of the President and become a part of the meeting convened to fulfil the constitutional requirement of holding polls within a set timeframe.

On the other hand, it was not suitable for President Dr Arif Alvi to announce the election date on his own. Instead of doing that, he should have asked the relevant quarters to ensure implementation of the constitution. I believe that every action causes a reaction on the other side. This move will cause opponents of holding elections within the constitutional timeframe to come out with all guns blazing. Allegations and counter allegations from across the political divide will further deepen the crisis in the era of social media. This scenario is not good for a country plagued with political chaos and economic meltdown.

Prolonged political crises and the blame game will further deteriorate the already fragile economy. JI believes that the only prudent way forward is free, fair, and transparent general elections and not the polls in only two federating units.

Going ahead with elections in Punjab and Khyber Pakhtunkhwa and continuing with the National Assembly and legislatures of other federating units will only prolong political instability and further weaken the economy. Regardless of the outcome of the elections in two provinces, the situation will be disastrous for the country.

Prolonged political unrest and economic crisis can put our national solidarity, integrity, and strategic assets at stake. It is up to the political parties to sit down together and devise a timeframe for holding general elections. The institutions should also work within constitutional boundaries.

“The circumstances are extraordinary and require extraordinary decisions”

Saleem Mandviwala, PPP Leader

Yes, there is no ambiguity in the constitution regarding the time frame for holding elections after the dissolution of the assemblies. But the prevailing circumstances were quite extraordinary and required taking extraordinary decisions accordingly. The same constitution provides provisions for taking care of extraordinary circumstances.

A new date could be given if the elections are not held within the timeframe due to some extraordinary circumstances. As such, there is no issue of a violation of the constitution if the elections are held beyond the given timeframe due to unavoidable reasons. Normally, elections are held for the National Assembly and assemblies in all the provinces on the same day. General elections are followed by polls for electing the president and half of the Senate seats.

Usually, the ECP provides the cost of holding elections, and the required amount is allocated after approval from the Economic Coordination Committee. The dissolution of assemblies in two provinces has disturbed the set pattern. Holding elections in some provinces now and in the National Assembly and the remaining provinces on the same or different dates in the near future is really an uphill task.

Moreover, it will also disturb the future plan due to the ending of the tenures of different assemblies on different dates. It also means that elections for the president and senate can be disturbed due to an incomplete electoral college. As such, the entire system has been put on the line based on the wish of one individual, whether it is holding elections in provinces or contesting so many seats at the same time. By-elections on vacant seats waste resources as well. Election reforms are required to put an end to such unethical practices. I believe that there is a need to impose the condition that no person can contest elections for more than two seats at the same time. It will help save money spent on holding frequent by-elections. Pakistan is facing a tough economic situation, and the cost of holding elections in these two provinces, which constitute 65–70 percent of the country, is quite huge. Moreover, there is a need to make satisfactory security arrangements, which is also a challenging task at the present stage. No doubt the president has the right to call a meeting to discuss important issues.

I believe that the ECP chairman should have attended the meeting convened by the president to discuss election-related issues.

ECP chairman attending meetings convened by the president or prime minister is a normal routine, and this should have happened in this case also. ECP is also participating in meetings of standing committees in the upper and lower houses. ECP is giving details about the prevailing problems. The ECP chairman could have informed the president about the issues of providing the required funds and necessary security. He could have asked the President to resolve these issues to enable the ECP to hold elections within the constitutional timeframe.

“The ECP is not ready to hold elections due to reasons only known to it”

Dr Yasmin Rashid, PTI Leader

The constitution has clearly mentioned that elections will be held within 90 days after dissolution of the National Assembly or legislature of any federating unit. Neither any institution nor any individual is above the constitution.

As such, there is no ambiguity and the ECP is duty bound to fulfil its constitutional obligation of holding polls within 90 days after dissolution of Punjab and Khyber Pakhtunkhwa assemblies. But the ECP is not ready to hold elections due to the reasons which can only be explained by the ECP. It is up to the ECP chairman to tell that why he is insisting on not holding polls which is a blatant violation of the constitution.

Delaying elections under the pretext of extraordinary circumstances could be the desire of few people which would not be materialised. Let me make it clear that elections could not be postponed under any excuse whether it is lack of funds or the possible law and order situation.  I believe that the ECP is violating the relevant provisions of the constitution which is highly condemnable.

The ECP needs to mend its way and play the constitutional role of holding free, fair and transparent elections. The nation is not ready to accept anything less than the fair elections which is a key for bringing a stable government which can take the country out of political and economic turmoil.

As the constitutional head of the state, President Dr Arif Alvi had the authority to call anyone, whether he is ECP chairman or the Prime Minister, for a meeting.

There is no logic behind ECP chairman skipping the meeting convened by the President for discussing the forthcoming elections in Punjab and Khyber Pakhtunkhwa provinces. As per normal routine, ECP chairman is attending meetings of the Senate and National Assembly standing committees.

But he refused to become a part of the meeting called by the head of state. For taking the country out of prevailing mess, the only way forward is holding free, fair and transparent elections.

As both the government and the ECP is not ready to hold polls, the entire nation is looking towards the higher judiciary with the hope that it would make the institutions duty bound to fulfil constitutional obligations.

The nation has high hopes that the judiciary will check violation of the constitution and pass a verdict that will pave way for holding elections within constitutional time frame. Free, fair and transparent polls are the key for ending political unrest. Only a stable government formed after fair elections can take bold decisions for reviving the fragile economy.