Islamabad: The Election Commission of Pakistan (ECP) Informs Supreme Court of February 11, 2024, as the General Election Date.
During a hearing on pleas advocating for timely polls, the Election Commission of Pakistan (ECP) informed the Supreme Court on Thursday that the general elections are scheduled to take place on February 11, 2024. The court directed the ECP to solidify this date in consultation with the president, emphasizing that the ECP would be bound by this decision.
The three-member bench, presided over by Chief Justice of Pakistan (CJP) Qazi Faez Isa and comprising Justice Aminuddin Khan and Justice Athar Minallah, reconvened to hear pleas presented by the Supreme Court Bar Association (SCBA), Pakistan Tehreek-e-Insaf (PTI), and Ibadur Rehman Lodhi. These pleas seek to ensure that elections occur within the 90-day timeframe after the dissolution of the national and provincial assemblies.
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ECP Confirms Election Date
During the proceedings, the ECP’s counsel, Sajeel Swati, conveyed to the apex court that the general elections are set for February 11. Additionally, he reported that the delimitation process would conclude by January 29.
In response, CJP Isa stressed that the Supreme Court’s decision would obligate the ECP to conduct the elections on the specified date, reaffirming their commitment to the deadline.
CJP Isa directed the ECP to confirm the election date after consulting with the president and to make the announcement on the same day.
The ECP had previously declared its intent to complete the delimitation process by November 30.
The court then recessed after hearing arguments from PTI’s counsel.
The Hearing
At the commencement of the hearing, Naek appeared before the court, requesting to participate as a respondent in the case. His request was approved by the judges, with no objections raised by PTI counsel Barrister Ali Zafar.
Barrister Zafar, representing PTI, argued that elections must be held within 90 days.
However, CJP Isa interjected, indicating that this request had now lost its relevance.
When Barrister Zafar argued that his plea pertained to a fundamental right, CJP Isa inquired whether PTI solely wanted elections at this moment, to which the PTI counsel affirmed.
The CJP then asked if anyone would oppose this, and both the Attorney General of Pakistan (AGP), Mansoor Usman Awan, and the PTI counsel responded in the negative.
Resuming his argument, PTI’s lawyer referenced Articles 58 and 224, related to the dissolution of the National Assembly and the timing of polls and by-polls, respectively. He contended that without elections, the functioning of the Parliament and the enactment of laws would be impeded.
Zafar informed the court that the law ministry believes the president cannot determine the election date and asserted that, based on the 90-day period, elections should be held on November 7.
President Dr. Arif Alvi had earlier invited CEC Sikandar Sultan Raja in late August to discuss fixing the election date within the 90-day constitutional deadline. However, the ECP rejected the president’s request, asserting that his input was unnecessary.
Later, the interim law ministry conveyed to Dr. Alvi that the assemblies were dissolved on the prime minister’s recommendation, and the legislation approved by parliament did not authorize him to determine the date of the polls. It clarified that, following recent amendments to the electoral law, the ECP held exclusive authority to set the election date.
During Thursday’s hearing, Justice Minallah queried why it took the president so long to write to the ECP, while CJP Isa observed that the text of the letter in question was “vague.”
When CJP Isa inquired whether the president had sought the apex court’s opinion on the matter, the PTI counsel replied in the negative.
As the bench noted the delay in the president’s letter to the ECP, Zafar argued that, in his opinion, the president had fulfilled his responsibility.
Justice Minallah commented that each day beyond the stipulated 90-day period for holding elections constituted a “violation of the Constitution.”
Case History
During the previous hearing, CJP Isa emphasized that there was a desire for elections, dispelling any notion to the contrary.
The court had issued notices to the government of Pakistan and the Election Commission of Pakistan (ECP). The latter had ruled out elections for the year, citing the necessity for fresh constituency delimitation following the approval of the 2023 digital census. The ECP indicated that elections might likely occur in January 2024 but had not yet announced a definitive date. The bench had indicated that it could determine the election date within 10 days.
The petitioners in this case challenged the August 7 notification issued by the Council of Common Interests (CCI) as well as amendments to Section 57 of the Elections Act, which empower the chief election commissioner to announce the election date. The petitioners have urged the court to direct the relevant authorities to conduct elections within the constitutionally mandated 90-day period, as specified under Article 224.
The National Assembly was dissolved on August 9, 2023, just three days before completing its five-year constitutional term. Article 224 of the Pakistan Constitution stipulates that elections must occur within 90 days following the assembly’s dissolution, which would have translated into general elections in November 2023. However, according to Section 17 of the Elections Act, the ECP must delineate constituencies following the official publication of each new census.
