Dar says demand for elections within 90-day limit ‘unconstitutional’ after census approval

Published November 3, 2023
PML-N’s Ishaq Dar addresses the Senate on Friday. — DawnNewsTV
PML-N’s Ishaq Dar addresses the Senate on Friday. — DawnNewsTV

PML-N Senator Ishaq Dar on Friday asserted that the demand for holding generals elections within 90 days of the National Assembly’s dissolution was “unconstitutional” after the approval of the census.

His remarks come a day after President Dr Arif Alvi and the Election Commission of Pakistan (ECP) reached an agreement on holding polls across the country on February 8, 2024 — a date that exceeds the constitutional timeframe of 90 days by three months — after the top court issued directives.

Since the National Assembly was dissolved three days before the end of its constitutional term, Article 224 of the Constitution mandates that elections be held within 90 days of the dissolution of the assembly (by November 7).

But at the same time, Section 17(2) of the Elections Act states that “the commission shall delimit constituencies after every census is officially published”. The Council of Common Interests (CCI) had approved the results of the 2023 digital census on August 5.

The ECP had earlier ruled out polls this year citing the need for fresh delimitation of constituencies. In September, it had announced that elections would be held in January 2024 but had stopped short of giving a date.

A discussion was held on the date for the general elections during today’s Senate session which saw PTI Senator Shahzad Waseem insisting that elections should have been held within 90 days as per the Constitution and criticising the previous government for impeding polls.

However, Dar — who served as the finance minister during the tenure of the previous Pakistan Democratic Movement (PDM) government — acknowledged the Constitution stated that polls should be held within the 90-day timeframe but also said that “other articles also need to be considered”.

The PML-N leader said that the CCI had approved the census results with consensus in August and said that this fact also needed to be kept in mind.

“It is unconstitutional to demand elections within 90 days when we consider that this constitutional body [CCI] representing the federation and provinces had approved the census.

“Once the CCI finalised the census and approved it, then the Constitution is clear that the ECP has no choice but to conduct delimitation,” the PML-N leader said.

Dar went on to say he would not go into the details of “how, where and when” delimitation was conducted, noting that each party had its own issues with the process.

The former finance minister then went on to highlight that conducting elections was also linked with funding and budgetary issues.

He said he had negotiated with the ECP to bring down the amount of funds needed for polls while the country was facing a liquidity crunch during ongoing talks with the International Monetary Fund.

Dar went on to say that a “special issue” arose regarding elections in Punjab and Khyber Pakhtunkhwa after the provincial assemblies were dissolved.

Dar said that the National Assembly had rejected the move to allocate funds for polls in Punjab, leaving him with “no choice to borrow or create space” to generate funds.

Nonetheless, Dar said he had budgeted for the ECP’s requirements in the budget for the current fiscal year.

Dar concurred with his fellow senator that political parties should give party tickets to the youth for the upcoming polls and that they should be free and fair with a “level playing field” for all contestants.

“Elections should be seen to be credible […] let the international observers come and oversee the election process,” he said.

Bilawal congratulates nation on announcement of election date

Meanwhile, PPP Chairman Bilawal Bhutto Zardari congratulated the nation on the announcement of the election date while talking to the media in Karachi.

“Congratulations […] to all of you. I think this is a big success that the ECP has definitively announced the election on Feb 8 and [polls] should absolutely take place on that date now,” he said.

He said it would’ve been better if the electoral watchdog had decided on its own instead of the Supreme Court having to get involved in the process.

“However it has happened and the PPP will continue its [election] campaign,” he said.

Questioned about equal opportunities for all contesting political parties, Bilawal expressed his apprehensions and said: “As far as a level playing field is concerned, I ask you to name me one election where the PPP has gotten a level playing field. So how can we expect that a level playing field will be there now?”

When asked about a level playing field for the PTI and the party’s complaints in this regard, the PPP chairman quipped: “Welcome to the club.”

He also added that the PPP had not taken any decision yet on forming an electoral alliance with the PTI.

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