LAHORE - Against the backdrop of a possible delay in the conduct of elections to the provincial assemblies of Punjab and the KPK, President Arif Ali flew to Lahore on Thursday to have an im
portant meeting with the PTI chairman Imran Khan. The PTI sources described the meeting as “very important” which took place in a situation when the federal government institutions have expressed their inability to provide the necessary assistance to the Election Commission to hold elections in the two provinces coupled with the likelihood of the PTI chairman’s disqualification in court cases.
The federal government has attributed the delay in elections to the incomplete process of delimitations, ongoing digital census, and the anomaly of conducting provincial elections under the federal government and, later on, the holding of National Assembly elections [in October 2023] under the provincial governments. The federal government representatives have maintained that elections to the national and provincial assemblies must be held under a caretaker set up under the constitution.
Sources privy to the meeting said that the deliberation revolved around the constitutional role of the president in the given situation. Can the president give a date for the elections if the governors and the ECP fail to do so? Can the president pardon the PTI chief if he is disqualified by the court? And what would be the implications of the president’s proactive role in the present situation. These were the main issues discussed in the meeting between the president and the PTI chief, according to the sources who also said that a discussion on these points is already underway in the party hierarchy as many insist that the president should play a proactive role to bail out the party in this difficult situation.
Though the matter of giving a date for elections is pending for decision in the Lahore High Court, a section of opinion in the PTI is supporting the view that the president should play his constitutional role to make things happen in favor of the party. President Arif Ali has already written a letter to the Election Commission to remind the election watchdog of its constitutional obligation to announce the date for elections to the two provincial assemblies.
Earlier in the day, the PTI’s secretary general Asad Umar also talked of the president’s power to appoint a date for the elections if the governor and the Election Commission fail to do so.
“Primarily, it is the duty of the governor to appoint a date for elections and form a caretaker cabinet. He formed the cabinet but did not give a date for elections. If the governor fails to fulfil his constitutional responsibility, then the Election Commission should announce the date. But, if the ECP too does not comply, then the President of Pakistan has the power to call the elections under Election Act 2017. And he had already taken a step in this direction”, Asad Umar maintained while talking to the media outside Lahore High Court on Thursday.
Clause 57 of the Election Act 2017 reads: “Notification of Election Programme.—(1) The President shall announce the date or dates of the general elections after consultation with the Commission”. Legal experts, however, believe that the president cannot invoke this particular clause because it is applicable only in a situation when the general elections to the national assembly and the four provincial assemblies are due after completion of their stipulated tenures or they all had been dissolved simultaneously by the president and their respective governors on the advice of the prime minister and the chief ministers.
Also, according to sources, the president and the PTI chief discussed the prospects of a presidential pardon to be availed in case the latter is disqualified to contest elections. PTI’s legal czar Babar Awan is reportedly advising the party chief that the president should exercise this power to undo the move by his political opponent to get him disqualified through the courts.