• ECP has excused itself from holding consultations with President Alvi
• ECP said it cannot  hold consultations as the matter was under subjudice
• President Alvi summoned CEC for urgent meeting on Feb 20

ISLAMABAD: The Election Commission of Pakistan (ECP) has excused itself from holding consultations with President Arif Alvi on the date of elections in Punjab and Khyber Pakhtunkhwa.

President Alvi summoned the chief election commissioner for an “urgent meeting” on February 20 (Monday) to hold consultations on the election date.

A letter issued by the ECP secretary to the president’s secretary said the ECP said it cannot join the consultation for the time being as the matter was under judicial consideration.

The election commission said it will not be able to enter into a process of consultation with the president due to the “matter being subjudice at various judicial fora” and several other reasons.

The electoral body said it was well aware of its constitutional and legal obligations and has already responded to the earlier letter by the presidency on February 8.

The letter said Article 105 read with Article 112 of the Constitution provides the procedure for appointment of poll date in case of dissolution of the provincial assemblies.

“It is clarified that the Constitution does not empower the Election Commission to appoint a poll date in case of dissolution of a provincial Assembly by the Governor or due to afflux of time as provided in Article 112(1) of the Constitution,” the letter read.

The president was informed that the ECP approached the governors of Punjab and Khyber Pakhtunkhwa assemblies following the dissolution of assemblies for deciding a date for holding the polls.

Regarding the Lahore High Court’s (LHC) directive for Punjab election date, the letter stated that the ECP held a consultative meeting with Punjab Governor Baligh-ur-Rehman. However, the governor said the judgment was not binding and he will adopt the legal course.

The ECP secretary informed that the commission had sought further guidance from the high court by submitting a miscellaneous plea.

The ECP has also filed a separate intra-court appeal  on the court’s directive “on the ground that the process of consultation with the Governor is not provided in the Constitution”.

It added that three writ petitions had also been filed in the Peshawar High Court, seeking directions for appointing a date for holding general elections in KP.

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