Chief Election Commissioner (CEC) Sikandar Sultan Raja responded to the president’s letter regarding the date of general elections.
In a letter to President Arif Alvi, the CEC said, “President dissolved the National Assembly on August 9 on the recommendation of the Prime Minister under Article 58-1 of the Constitution, now section 57 of the Election Act has been amended on June 26.”
According to the letter, Article 48-5 of the Constitution should be read with Article 58-II of the Constitution, if the Assembly is dissolved on the recommendation of the Prime Minister, then the Commission has the power to give the date of general elections.
The letter states that Article 5 of Article 48 of the Constitution is unrestricted, if the President dissolves the Assembly by exercising the powers under 58-2, 48-5, he gives the date of election. “Under Article 48-1 of the Constitution, the President will follow the advice of the Prime Minister. But if the President dissolves the Assembly on the recommendation of the Prime Minister under Article 58-1, then it is the prerogative of the Election Commission to give a date.”
The letter further states that if the President dissolves the Assembly by exercising the powers under 58-2 and 48-5, he gives the date of election, but if the President dissolves the Assembly on the recommendation of the Prime Minister under 58-1, then it is the power of the Election Commission to give a date.
President invites Chief Election Commissioner to meet him
President Dr Arif Alvi had written a letter to Chief Election Commissioner Sikandar Sultan Raja to decide the date of general elections in the country, inviting the Chief Election Commissioner to meet for the date of the elections.
It may be recalled that the Prime Minister had signed the summary of dissolution of the National Assembly before the completion of the term on August 12 and sent it to the President for approval.
