While the controversy over elections in KP and Punjab rages on and the issue is before the courts, President Alvi has announced the holding of elections in both provinces on 9th April. In a letter written to Chief Election Commissioner the President said that he had announced the date under section 57(1) of The Election Act 2017. He asked the ECP to issue an elections programme in accordance with section 57(2) of the Act. He further said that he felt it necessary to perform his constitutional and statutory duty to announce the date of elections to avoid the infringement and breach of the Constitution and law i.e to hold elections not later than 90 days of the assemblies’ dissolution. Sticking to the constitution is hardly debatable. Every state institution and government functionary including the President and Prime Minister is under obligation to act in accordance with the constitution and the laws promulgated by the parliament. Although the President maintains that he has acted to fulfil his constitutional role to prevent a breach of the constitution the question arises whether the President as per constitution and law really enjoys the power to unilaterally declare the date of elections for provincial assembly or assemblies. Most of the legal experts and former judges of the apex court are of the view that the President has acted in an unconstitutional manner and in violation of the Election Act. His action has created a constitutional crisis in the country.

Fawad sees PML-N senior leadership distancing from Maryam

Section 57(1) of the Election Act actually pertains to general elections when polls to the National Assembly and four provincial assemblies are to be held simultaneously. The President, therefore, has used section 57(1) of the Act in the wrong context. Even in the case of general elections, the Presidential authority to announce the date of elections is contingent upon two conditions. First as mentioned in the same section the President would announce the date in consultation with the ECP and secondly, as per section 48(1) of the Act, the President shall exercise his authority in accordance with the advice of the cabinet or the Prime Minister. As is evident the President is actually guilty of vitiating the Election Act as well as the constitution. By taking this step he has reinforced his credentials as a PTI activist rather than the head of the state. The fact is that President Alvi has throughout remained a PTI loyalist and never acted as President of Pakistan. He deliberately avoided taking oath from Prime Minister Shehbaz Sharif, which was his constitutional obligation, by going on sick leave and consequently, the acting President Sadiq Sanjarani administered the oath. He refused to attend the swearing-in ceremony of the Cabinet and the onus again fell on Sanjrani.

Pakistan strongly condemns raid by Israeli occupation forces in West Bank

He was part of the unconstitutional game plan of PTI that began with the rejection of the PDM no-confidence motion against Imran Khan by the Deputy Speaker followed by the dissolution of the assemblies and declaration of new elections by him. It was thankfully declared unconstitutional by the Supreme Court of Pakistan, leaving no doubt about the sinister motives of the PTI leadership including the President. In fact, what they did was a wilful breach of the constitution. The President also remained involved in the political crisis in Punjab, playing the role of a party loyalist. Imran Khan was ousted from power through a constitutional process also endorsed by the apex court. The PTI undoubtedly had a constitutional right to initiate similar action against the government if it could muster the required numbers. But after his ouster from power, he came up with the narrative of a conspiracy orchestrated by the USA, endorsed and supported by the establishment, to bring an imported government into power which he has been using as a punching bag to mislead his followers. However, in an interview with The Financial Times, he retracted from anti-US rhetoric saying he no more blamed the USA for the conspiracy.

PTI's Qureshi detained for 30 days in Attock jail

Instead of the remaining part of the National Assembly PTI preferred to tender en-mass resignations in the hope that the government would come under pressure to announce immediate elections for the national assembly. Later he also had the provincial assemblies of KP and Punjab dissolved with no justification whatsoever except to assuage his false ego, to precipitate the political crisis. The fact is that Imran’s three-and-a-half-year rule was a disaster on all counts. He proved himself to be a demagogue of the first order, failed to bring about an economic turnaround, and never acted as a democrat by refusing to have even a working relationship with the opposition, which had reached the Assembly through the votes of the masses. Taken together they had obtained far more votes than the votes polled by PTI.

The Wall Street Journal, dilating on his brand of politics remarked “Imran Khan’s vainglory and taste for brinkmanship can tip an already turbulent Pakistani nation into chaos.”

Security forces foil terrorists' ambush in Balochistan, kill 8 terrorists

QOSHE - Partisan behaviour - Malik Muhammad Ashraf
menu_open
Columnists Actual . Favourites . Archive
We use cookies to provide some features and experiences in QOSHE

More information  .  Close
Aa Aa Aa
- A +

Partisan behaviour

10 0
23.02.2023

While the controversy over elections in KP and Punjab rages on and the issue is before the courts, President Alvi has announced the holding of elections in both provinces on 9th April. In a letter written to Chief Election Commissioner the President said that he had announced the date under section 57(1) of The Election Act 2017. He asked the ECP to issue an elections programme in accordance with section 57(2) of the Act. He further said that he felt it necessary to perform his constitutional and statutory duty to announce the date of elections to avoid the infringement and breach of the Constitution and law i.e to hold elections not later than 90 days of the assemblies’ dissolution. Sticking to the constitution is hardly debatable. Every state institution and government functionary including the President and Prime Minister is under obligation to act in accordance with the constitution and the laws promulgated by the parliament. Although the President maintains that he has acted to fulfil his constitutional role to prevent a breach of the constitution the question arises whether the President as per constitution and law really enjoys the power to unilaterally declare the date of elections for provincial assembly or assemblies. Most of the legal experts and former judges of the apex court are of the view that the President has........

© The Nation


Get it on Google Play