ISLAMABAD: Leader of the Opposition in the National Assembly Syed Khursheed Shah has stirred a new controversy by pointing out an anomaly in the ongoing election process which, according to him, can put a question mark over the legitimacy of the upcoming general elections and can be challenged in a court of law.

Talking to a group of reporters in his Parliament House chamber on Thursday, the opposition leader drew the attention of the Election Commission of Pakistan (ECP) towards two sections of the Elections Act 2017 under which the commission was bound to prepare and issue a comprehensive “Action Plan at least four months before the general election is due to be held on expiry of the term of an assembly”.

Mr Shah interpreted Section 22 of the Act as saying that the ECP was required to notify the new constituencies 120 days before the election date. He said the ECP was due to notify the delimitation of the constituencies on May 4, which meant that the elections should be held in the first week of September.

On the other hand, he said, the National Assembly was completing its term on June 1 and under the Constitution the elections should be held within 60 days after the expiry of the five-year-term of the assembly.

Mr Shah said the government had already stated that the elections would be held sometime in July or in the first week of August as per the Constitution, which meant that the requirement of the 120 days or four months given in the Elections Act would not be fulfilled.

He said perhaps the prime minister was not aware of the anomaly. He asked the ECP to review Sections 14 and 22 of the Elections Act and clarify its position. He said he was ready to meet the chief election commissioner.

The PPP leader suggested that an amendment could be moved in the upcoming National Assembly session to remove this anomaly so that the elections could not be challenged.

Section 14 of the Elections Act 2017 states: “The Commission shall, at least four months before the general election is due to be held on expiry of the term of an Assembly, prepare a comprehensive Action Plan specifying all legal and administrative measures that have been taken or required to be taken in respect of the election.”

Section 22 specifies powers of the commission to amend, alter or modify the final list of constituencies, stating that “the Commission may, at any time but at least four months before notification of the Election Programme, of its own motion and for reasons to be recorded, make such amendments, alterations or modifications in the final list of constituencies published under sub-section (4) of section 21 or in the areas included in a constituency, as it deems necessary”.

Despite repeated attempts, no one from the ECP could be contacted for comments.

However, legal experts believe that if a situation arises where a law seems to be contradicting the Constitution, then the constitutional provision had preference over it. Therefore, they say, that since the Constitution says that elections should be held within 60 days of the completion of the term of the assembly, the commission is bound to fulfil this constitutional requirement by ignoring the other provisions given in laws.

Published in Dawn, April 20th, 2018