Chief Justice of Pakistan (CJP) Qazi Faez Isa has directed the Election Commission of Pakistan (ECP) to consult President Arif Alvi regarding the election date after the ECP indicated that general elections would be on February 11. Justice Isa emphasized that after the ECP’s discussion with the president, the final date would be officially announced by the Supreme Court.
In today’s hearing, the three-judge bench, including Justice Amin-ud-Din Khan and Justice Athar Minallah, examined petitions demanding elections within 90 days after the National Assembly’s dissolution. The ECP’s lawyer, Sajeel Swati, stated that all election preparations, such as delimitation and constituency arrangements, would finish by January 29. The court also discussed whether President Arif Alvi should have been involved in the decision-making process, leading to a directive for the ECP to confer with the president.
Outside the Supreme Court, PPP lawyer Farooq H. Naek shared his perspective. He suggested a constitutional amendment to validate the proposed February 11 election date. He highlighted Article 254, which indicates that a delayed act does not become invalid if not done within the prescribed time. When queried about presidential consultation with the ECP, Naek expressed that the president holds the authority and might only need to consult the prime minister, based on Article 48(1).
During the hearing, PTI’s Barrister Ali Zafar insisted on adhering to the 90-day rule for elections. In contrast, the CJP highlighted that this request had become redundant. Discussions ensued on the president’s role in setting the election date and whether the Supreme Court could intervene. The focus was on the president’s delay in communicating with the ECP and the clarity of his directive.
Historical and Constitutional Context
Historically, the ECP had postponed this year’s elections, citing the need for new delimitation of constituencies. The Constitution, via Article 224, mandates elections within 90 days of the National Assembly’s dissolution, which meant by November 7. However, the Elections Act’s Section 17(2) necessitates constituency delimitation after each official census publication. Despite these guidelines, last month, the commission mentioned elections for January 2024 but didn’t confirm a date.
This delay has elicited various responses from political factions, with parties like the JUI-F, PML-N, PPP, and PTI voicing their views and concerns.
 is directed by the Chief Justice of Pakistan to consult President Arif Alvi on the final date for general elections. The Supreme Court will announce the official date after this discussion.){kind=link}