The ECP’s Dilemma

Court has ordered the polls authority to hold elections in Punjab, KP within 90 days but the CEC says state organs not cooperating

KARACHI: The pall of uncertainty lingers over the Punjab and KP elections as the Chief Election Commissioner (CEC) Sikandar Sultan Raja on Thursday expressed his frustration over the non co-oporation of different organs of the state in holding of the elections which are supposed to be held within 90 days of the dissolution of assemblies according to the constitution of Pakistan. Expressing his dismay over the prevailing situation before the Supreme Court of Pakistan, Raja (CEC) claimed that he was being “prevented” from performing his constitutional duties in ensuring free and fair elections.

“When the army’s help was sought for security, the request was declined, when the judiciary was asked for returning officers, the request was declined and when the finances were sought to hold the elections, that request too was declined,” Raja informed the Supreme Court.

The Supreme Court has sought a detailed report from the CEC over the obstacles he is faced with in holding of the elections. Interestingly, CEC was asked to appear before the apex court in a sudden turn of events during the hearing of case pertaining to Lahore police chief posting/removal.

Earlier, both the Lahore and Peshawar High Courts have already asked the Election Commission of Pakistan to announced the dates of provincial assembly elections.

On February 11, Lahore High Court asked the Election Commission of Pakistan to hold elections within the constitutional time limit.

Pakistan Tehreek-e-Insaf has approached the High Court after repeatedly demanding that the election commission announce the dates for the elections in Punjab. Provincial assembly was dissolved by the PTI on January 14.

The judgement said, “the ECP is directed to immediately announce the date of election of the Provincial Assembly of Punjab with the notification specifying reasons, after consultation with the Governor of Punjab, to ensure that the elections are held not later than ninety days.” As Election Commission of Pakistan and Governors are unable to announce the polls dates, there is a possibility that elections might not be held within the 90-day period.

And if the prevailing uncertainty over elections isn’t enough, a former PTI stalwart has recently cast his serious doubts over the fate of elections.

Faisal Vawda, in an appearance at a talk show on a private television channel, said, “Holding of elections appear difficult till the day all PIA flights start observing strict timings and Pakistani nation decide to celebrate Eid on single moon citing.” The Punjab and KP assemblies were dissolved on Jan 14 and 18 respectively after the former prime minister Imran Khan announced dissolution of governments in the two provinces to push for the fresh elections.

On February 8, President of Pakistan Arif Alvi wrote a letter to the Chief Election Commissioner of Pakistan and asked him to announce the dates for polls in Khyber Pakhtunkhawa and Punjab. Alvi then wasted no time in posting the letter on his official twitter handle. Meanwhile, two senior leaders of PPP from Punjab and KP province are unanimous in their opinion that elections should be held within the constitutional time frame of 90 days but seem to pin hopes in judiciary to resolve the issue.

We want immediate elections

Syed Hassan Murtaza, the former parliamentary leader of the Pakistan Peoples Party in the Punjab Assembly which was dissolved on January 14

Q. What is PPP’s position on delaying tactics on KP and Punjab polls, where PDM are keen to delay the elections which is against the constitution?

Hassan Murtaz (HM): We want immediate elections, Pakistan People’s Party can never think of going against the Constitution, we are the people who gave the constitution how can we go against it.

The situation country is faced with is obvious to the judiciary, our military leadership is aware of the situation so much so, even the common people are also aware of the situation, we say despite all the issues elections should be held on time as per the constitution requirement.

But at the same time, the situation has become a bit complicated. For instance, if today elections are held of the two provincial assembly, these elections will be held under the old census. And the remaining elections of the two provinces and national assembly will be held as per the new census, so what does constitution say about it.

When Election Commission of Pakistan sought names for the returning officers’ duties from judiciary, they refused it, when ECP asked the military for its personal for security duties, they declined the request, like wise Rangers did the same.

When police were asked by the ECP for the election duties, they excused by saying there is an operation taking place in the Katcha area and they are short of manpower.

When ECP sought finances from the government, it showed inability to arrange finances.

So, under this situation what will happen what is not possible, it is all in front of the judiciary, the matter is with the judiciary PTI has already approached the court, they like to have everything done from the judiciary, so they are at it.

We respect the judiciary and their decisions, let see what happens.

Q. Why PPP has decided not to take part in by-elections?

HM: It is not election boycott, we have decided not taking part in the by-elections, as we think rather than taking part in these by-elections, we need to address the challenges to our ailing economy.

The entire exercise of by-elections costing billion of rupees will be for just four months, which will further burden the people, just doesn’t make sense.

So, I think it is a better decision not to take part in these by-polls, taking part in the general elections is the best option.

Q. When do you see general elections taking place?

HM: Now look at a person who ridicules these assemblies by saying these assemblies are rubber stamps and it comprises thieves and dacoits. But when PTI’s resignations are accepted, he starts such a hue and cry that why the resignations were accepted. He acts like a spoiled brat and demands by-elections and will contest on all seats. So if his wishes and demands are accepted neither the constitution will survive nor the law of this country.

I think the general elections will take place in due course of time, at the scheduled period.

PPP to boycott by-polls

Ahmad Karim Kundi is the deputy parliamentary leader of Pakistan People Party in the KP Assembly which was dissolved on January 18

Q. What is PPP’s position on delaying tactics on KP and Punjab polls, where PDM are keen to delay the elections which is against the constitution?

Ahmad Karim Kundi (AKK): Frankly speaking there are different school of thoughts in the government. Some are political workers and some are parachuters. These types of people are in every party. For instance such people (parachuters) are present in Pakistan Tehreek-e-Insaf, Pakistan Muslim League-N and even in the PPP who want to run the party as per their personal wish. Such people are also present in every organ of the State who want to run things as per their personal whims. But the constitution is a living document – it will make its own way. Whoever has tried to play with the constitution, the system has thrown him out, irrespective of his background.

Q. So the PPP has no issues with the delays or will it insist on the polls according to the constitution that polls in 90 days?

AKK: Pakistan People Party has a history of adhering to the constitution which is very clear on the issue that within 90 days of dissolution of assemblies, the elections become due. There is no second opinion on this and the PPP is preparing and working for the provincial elections and we expect the elections to take place before April.

We are waiting for the election schedule from the Election Commission of Pakistan (ECP). I think they should announce the schedule in a day or two.

I don’t see any impediment in the elections. Courts which are custodian of the constitution are there. The PTI is already in courts and the Lahore High Court judgment has come. In fact, the Supreme Court ruling has also come.

Q. Why has the PPP decided not to take part in by-elections?

AKK: Yes, the PPP has decided boycott the by-elections – since these elections does not have much significance, so we are focusing on the provincial elections as it would be for five years.

These by-elections have become more irrelevant as earlier, Imran Khan contested on 16 seats now these seven seats. So, these by-elections have lost their importance.

Q. When do you see general elections taking place?

AKK: General elections are due in November this year, on August 14, this term will be completed so elections will be held on November, if God forbid any emergency situation does not arise.

Things will not come on track unless a government with mandate come to power and take bold decision.

Let’s suppose if you don’t go for elections of federating units like KP and Punjab, there are important decision pending, who will sit in the council of common interests, (CCI) caretaker setup cannot take this decision.

If someone tries to run the system in the present state, it will not have much importance and legitimacy, important decisions and issues are pending which can only be resolved by an elected provincial government.

Q. Can country’s current financial crisis delay the general elections?

AKK: Even if a financial emergency is imposed, it will have its repercussions, but it will not be a justification for any extra-constitutional measures.