President Alvi suggests Nov 6 for election date
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In a significant development, President Dr. Arif Alvi has communicated his recommendation for November 6th as the election date to Chief Election Commissioner Sikandar Sultan Raja. This proposal comes after the dissolution of the National Assembly, initiated on August 9th, following the Prime Minister's advice.
In his letter, President Alvi cited Article 48(5) of the Constitution, which grants the president the authority and obligation "to appoint a date not later than 90 days from the date of the dissolution, for the holding of a general election to the Assembly."
According to Article 48(5), this would mean that the general election for the National Assembly should be conducted by the 89th day from the date of dissolution, which falls on Monday, November 6th, 2023.
President Alvi highlighted his efforts to fulfill constitutional obligations by inviting the Chief Election Commissioner to discuss the modalities for implementing this constitutional intent and mandate.
However, in response, the CEC took a different stance, contending that the Election Commission of Pakistan (ECP) is responsible for determining the election date, considering the constitutional framework and ongoing constituency delimitation after the publication of the last census.
The Law Ministry and all four provincial governments aligned with the view that the ECP should announce the election date, emphasizing the importance of holding national and provincial assembly elections simultaneously to strengthen unity among provinces and avoid unnecessary expenses.
Acknowledging the ECP's responsibility to follow constitutional and legal procedures, President Alvi advised the ECP to seek guidance from the superior judiciary regarding the announcement of a single date for both national and provincial assembly elections, particularly in light of ongoing legal matters.
This recommendation from the President comes amidst a divergence of opinions among stakeholders regarding the election timeline. Article 244 of the Constitution stipulates elections within 90 days of the National Assembly's premature dissolution on August 9th. However, the ECP contends that the election date will be affected by the notification of the 2023 digital census results and cites Section 17(2) of the Elections Act as a basis for its decision, allowing the commission to unilaterally announce poll dates without presidential consultation.