President Zardari to give poll date in March 2013

Though the coming general elections, due in the first quarter of 2013, would be held under the supervision of an interim government and an independent Election Commission; yet, a key decision, that of deciding the election date, lies with the President. In the context of fears that government may postpone the elections on one pretext or the other, Opposition parties are demanding an election date in the earliest for their satisfaction. But the experts believe that under the Constitution and the electoral laws, the President cannot give any date for next elections as long as present Assemblies are intact. The President can announce such a date only if the Assemblies are dissolved before completion of their tenure on advice of the Prime Minister; an eventuality which is less likely to happen under the existing arrangement. “At this stage, the President should not be expected to announce any date for the upcoming elections as the Assemblies are yet to complete their term”, former Secretary Election Commission of Pakistan Kanwar Dilshad told TheNation. Presidential spokesperson Farhatullah Babar said that there were no fears about any delay in the electoral process, and therefore, there was no need to allay the imaginary fears of the Opposition parties [by announcing the election date before hand]. “The range of election date is clearly given in the Constitution: within 60 days of the completion of the Assemblies term”, he maintained, making it clear thereby that President had no intention to announce any election date before the advent of caretaker set up. On President’s powers regarding the conduct of general elections, the former ECP official said that President and not the Election Commission is required to give date for the elections keeping in view the mandatory 60 days within which the elections must be held after the Assemblies complete their tenure. However, he said, the Commission would be bound to announce an elections schedule not later than 30 days of such an announcement by the President specifying last date for receipt of nomination papers and other dates relating to their scrutiny and filing of appeals etc. Quoting clause 11 of the Representation of the People Act, 1976, Dilshad further told this scribe it was also the sole prerogative of the President to decide if the elections to the National and Provincial Assemblies should be held the same day or on different dates. The past practice, however, had been that this decision is taken in consultation with the Election Commission and the caretakers keeping in view their convenience, he said. It may be recalled that in 1988, elections to the National and Provincial Assemblies were held on two different dates. But afterwards, the elections to all the Assemblies were held the same day. Clause 11 of the Representation of the People Act, 1976 reads: “As soon as [may be necessary and practicable] the President makes an announcement of the date or dates on which the polls shall be taken, the Election Commission [not later than 30 days of such announcement] shall, by notification in the official gazette, call upon a constituency to elect a representative or representatives, and appoint-(a) the last date for making nominations, which shall be the sixth day after the date of publication of the notification.”