ECP’s authority to set election date reaches SC

LAHORE:  The authority of the Election Commission of Pakistan (ECP) to determine the date for general elections has been legally contested in the country’s highest court.

Azhar Siddique, the head of the Judicial Activism Panel, has lodged a constitutional petition with the Supreme Court’s Lahore Registry, challenging the ECP’s jurisdiction in this matter. The petition names the federal government, the Election Commission, and other relevant parties as respondents.

The petition argues that, according to the Constitution, the prerogative to set the election date rests with the President of Pakistan. It further contends that the amendment to Section 57 of the Elections Act, which granted this authority to the Election Commission, is inconsistent with Articles 48, 58, and 107 of the Constitution.

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The petitioner seeks a declaration of the amendment to the Elections Act as unconstitutional. Additionally, it requests an order to invalidate the dissolution of the assembly before the completion of its term, a move perceived as an attempt to postpone the elections.

On Wednesday, President Dr. Arif Alvi issued a letter to the Chief Election Commissioner, advising the scheduling of general elections for November 6.

This action aligns with Article 48(5) of the Constitution, which empowers the President to fix an election date within 90 days following the dissolution of the National Assembly.