The Pakistani Election Commission (ECP) filed a notification with the Supreme Court on Friday, February 8, one day after agreeing to hold general elections on that day. The statement stated that the poll date had been “set in stone.”
A copy of the notification is available to Dawn.com. It states, “… the Election Commission of Pakistan in the exercise of its powers under Article 57(1) of the Elections Act and all other powers enabling it in that regard, hereby announces February 8, 2024, as the poll date for the general elections.”
The electoral body and President Dr. Arif Alvi decided on the election date yesterday, capping months of waiting and uncertainty. The Chief Election Commissioner, Sikandar Sultan Raja, visited the Presidency on the highest court’s directions after the court took up appeals pertaining to elections.
The SC requested that the ECP contact the president for talks, despite the ECP’s proposal to hold polls on February 11 during the hearing. Additionally, it had given the commission instructions to resolve the election date dispute and notify the court.
Chief Justice of Pakistan (CJP) Qazi Faez Isa, Justice Athar Minallah, and Justice Amin-ud-Din Khan comprised the three-member bench to which Attorney General for Pakistan (AGP) Mansoor Usman Awan filed the electoral body’s election notification, dated Nov. 3, today.
The chief judge inquired as to whether everyone was satisfied after the AGP read the ECP notification in court. He said, “Every respondent has expressed approval.”
After that, Justice Isa set the agenda for the proceedings. He drew attention to the fact that President Alvi had recommended the commission to seek advice on polling from the courts in a letter dated September 13 to the ECP.
The CJP stated, “The Supreme Court has no role in setting an election date in accordance with the law and the Constitution,” and expressed surprise that the president had proposed seeking legal advice on the subject.
“Article 186 of the Constitution could have provided guidance to the president,” he said. “Constitutional offices like the ECP and President of Pakistan should do what the Constitution says,” Justice Isa added, emphasizing that adhering to the Constitution was not a choice.
He continued by saying that the president and ECP’s dispute was “unnecessarily brought to court.”
The chief justice added that the lack of an election date caused worry throughout the nation. “There were also concerns that there wouldn’t be any elections at all,” he stated.
Justice Isa went on to say that the court shouldn’t take over the job of institutions, emphasizing that the SC just helped the president and ECP come to a decision.
He emphasized that bigger positions came with more obligations, and that the president and ECP were both in charge of carrying out the Constitution.
Judge Isa bemoaned that Pakistan’s institutions and people were forced to bear the costs of constitutional violations, saying, “It is now time that we not just follow the Constitution but also look at the country’s constitutional history.”
Justice Isa remarked that Imran Khan had created a constitutional crisis by dissolving the National Assembly after the no-confidence vote, without naming the PTI chief.
He also remembered that a judge had once recommended that the president be charged for treason under Article 6 of the Constitution. “It is peculiar that the president exercised authority over which he had no right.”
Justice Isa stated that elections were due to the people of Pakistan and that she hoped all the institutions would conduct elections in accordance with the constitution. In addition, he encouraged the ECP to release the election calendar following the conclusion of preparations.
“Elections are scheduled for February 8, God willing.”
The CJP directed the AGP to make sure Pemra takes action against media outlets that disseminate information that casts doubt on vote results, citing this as another constitutional infringement.
“Avoid any misunderstanding that the election date has been announced,” he emphasized before dismissing the petitions.
After the Supreme Court hearing, PTI’s Barrister Ali Zafar spoke to the media and summarized the proceedings. He stated that there was no uncertainty over the polls and that the court had guaranteed that elections would go place on February 8.
He expressed his satisfaction that all political parties have embraced the ruling of the supreme court ,
“You recall how we tried to hold elections in Punjab and Khyber Pakhtunkhwa, and the PDM government opposed us?” he asked. Zafar asserted, however, that now is the moment to focus on the impending start of a new era and to “let bygones be bygones.”
“It is our responsibility to guarantee free, fair, and just elections,” he declared. “Level playing fields should be provided for everyone.” He went on to say that the PTI will return to the courts if it was not treated properly during the elections.
Abid Zuberi, the head of the Supreme Court Bar Association, said that all of the case’s respondents, including the ECP, signed the order today and gave the court their word that polls would take place on feb 8.
The Council of Common Interests (CCI) confirmed the results of the 2023 digital census, thus the ECP decided against holding elections this year, citing the need for new constituency delimitations.
Because the National Assembly was dissolved three days before of its scheduled expiration, elections must be held by November 7 within ninety days of the assembly’s dissolution, according to Article 224 of the Constitution.
However, the Elections Act’s Section 17(2) stipulates that “the commission shall delimit constituencies after every census is officially published.”
A number of activists and political parties criticized the commission last month for stating that elections would take place in January 2024 but failing to provide a date.
Later on, petitions asking for speedy polling were submitted to the SC. One of the appeals was made by the PTI and was returned on September 15 with objections. The SCBA had submitted another one in August, asking for orders to the ECP to announce elections within the Constitution’s ninety-day window.
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