Despite Achakzai’s appeal, ECP declines to postpone the presidential election
Mahmood Achakzai made a plea for a postponement in the presidential votes with the Election Commission of Pakistan (ECP), alleging “incomplete electoral college” owing to empty reserved seats. However, the ECP denied his request un a comprehensive judgment.
The Chief Election Commissioner Sikander Sultan Raja and other members of the ECP signed the following order in response to Achakzai’s application: “In exercise of powers conferred upon it [commission] under Articles 218(3) and 41 of the Constitution read with Second Schedule and further read with Presidential Election Rules,1988, decline to delay the Election to the office of the President and reject the petitioner.”
The presidential contender had asked the head of the ECP on Friday to put off the presidential elections, claiming that the electoral college was “incomplete” un accordance with the law and the norms of the Constitution since several national and provincial assemblies had open seats.
Achakzai, who is running against Asif Ali Zardari of the Pakistan Peoples Party (PPP) for the most important constitutional post, stated in his letter to the CEC that the electoral college cannot be finished until all of the seats are filled. The presidential polls, he said, would be “illegal, unlawful, and against the spirit of the Constitution” until the seats were filled.
A “clear verdict” in favor of the PTI-backed party, he says, will be provided by the Peshawar High Court’s (PHC) stay order on the reserved seats.
The ECP stated in its comprehensive ruling that the electoral college cannot be declared to be insufficient for any vacancy (ies) at this time, even with the presidential votes being conducted in the Parliament House and all four provincial assemblies.
“The Honourable Supreme Court of Pakistan has held in a number of judgements that if no provision pertaining to an issue is available in the Constitution or statute, then reference can be made to other provisions of the Constitution or the Statute for the purpose of interpretation.” Despite the fact that section 130 relates to the election of senators, neither the Constitution nor the Presidential Election Rules contain a direct provision on the same issue.
According to Article 41 of the Constitution, the President’s election is a constitutional need and cannot be postponed for longer than 30 days. 22 MNAs and MPAs who were elected from several seats have lately departed their seats, therefore the Electoral College cannot be considered full for lack of vacancies, according to the electoral body’s decree.
Achakzai refusal to object to the purportedly incomplete electoral college was brought to light by the ECP, which emphasized: “If the framers of the Constitution had intended for the Electoral College(s) to be incomplete due to a lack of vacancies for the Office of the President, they would have explicitly stated as much in the text.
“In the absence of any express bar, it can be safely presumed that the very existence of the Parliament and Provincial Assemblies is a complete Electoral College notwithstanding any vacancy,” it stated.
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