Pakistan Tehreek-e-Insaf (PTI) has demanded an immediate announcement ofthe election date from the President of the country, Dr. Arif Alvi.
According to details, PTI’s Central Secretary-General, Omar Ayub Khan, haswritten a letter to the President, Dr. Arif Alvi, in which it is statedthat Article 48(5) of the Constitution binds the President to determine adate for elections within ninety days in the event of the dissolution ofthe National Assembly.
The letter also highlights that the Supreme Court of Pakistan, SubatinKhan vs. Election Commission of Pakistan, and decisions related toelections in Punjab and KP have explicitly explained this Article of theConstitution. In the light of the Constitution and the Supreme Court’sdecisions, the determination of the election date is the President’sprerogative and a crucial constitutional obligation.
Omar Ayub Khan wrote in the letter that Article 5 of the Constitution bindsevery citizen to be loyal to the state and to fully obey the Constitutionand the law. According to the Constitution’s emphasis, the state is boundto exercise its powers and authority through the elected representatives ofthe people.
Therefore, the elections to the National Assembly are a fundamentalrequirement of democracy, and without them, the Constitution cannot beenforced in the state. The letter also mentions that you consulted thePrime Minister on August 9th regarding the dissolution of the NationalAssembly, and after the Assembly’s dissolution, the determination of theelection date is now your responsibility.
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Regarding the determination of the election date, Section 57 of theElection Act 2017 is primarily a constitutional matter, and theConstitution has complete supremacy over all laws in force in the country.It also stated: “President Dr. Arif Alvi’s meeting with Federal Ministerfor Law and Justice.”
Omar Ayub Khan wrote that, in accordance with Article 48(5) of theConstitution, the determination of the election date is now yourresponsibility as the President of the country. As the President, youshould fulfill the constitutional requirement for determining the electiondate so that the selection of representatives by the people and acting inaccordance with the will of the people and the Constitution becomespossible.
