By Staff Reporter
ISLAMABAD: President Arif Alvi has invited the chief election commissioner to discuss the date for general elections amid a legal dispute over the census and delimitation of constituencies.
In a letter posted on the Presidency’s account on X platform, Alvi said he was obliged to appoint a date for the polls within 90 days of the dissolution of the National Assembly, which occurred on August 9 on the advice of then-prime minister Shehbaz Sharif.
But the Election Commission of Pakistan has said it cannot hold elections this year because it needs to carry out fresh delimitation of constituencies based on the latest census results, which were officially notified earlier this month.
According to some experts, the constitutional and legal clash between the president and the ECP could end up in the Supreme Court of Pakistan.
The president’s letter to the ECP chief, Sikandar Sultan Raja, cited Article 48(5) of the Constitution, which states that “the president shall appoint a date not later than ninety days from the date of dissolution for the holding of general elections of [the] assembly.”
Alvi invited Raja to meet him today or tomorrow to fix an “appropriate date” for the elections.
However, a recent amendment to the Elections Act 2017 empowered the ECP to announce the dates for polls unilaterally without having to consult the president.
The ECP has said that it is bound by Section 17(2) of the Elections Act, which states that “the commission shall delimit constituencies after every census is officially published.”
The process of fresh delimitation of national and provincial assembly constituencies is expected to be completed by December 14.
But an official of the commission told media last week that the ECP was not legally bound to “immediately” carry out fresh delimitation after the notification of census results.
Ahmed Bilal Mehboob, chairman of Islamabad-based public policy think tank Pildat, said it seemed that Alvi was aiming to exercise his prerogative under Article 48.
However, Mehboob said the president was bound by the prime minister’s advice and could not independently exercise this authority.
“If the president’s letter is based on the prime minister’s advice, it aligns with the Constitution. Otherwise, it deviates from the Constitution,” he added. “It is not the president’s discretionary power to set a date for the elections.”
Pildat chief also disagreed with the ECP’s assertion to hold elections after a fresh delimitation of constituencies. “Personally, I find this interpretation unsatisfactory. I believe the Constitution mandates elections … From my perspective, delimitations are not constitutionally necessary.”
Former ECP secretary Kanwar Dilshad maintained that the electoral watchdog was independent and did not fall under the president’s authority.
“The constitutional amendment to the Elections Act 2017 had effectively removed the president’s power to intervene in electoral affairs. Even if the president announces an election date on his own, the ECP would dismiss it.”
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