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The Election Commission of Pakistan (ECP) last week wrote to the provincial high courts, seeking the appointment of their chief justices as presiding officers for the conduct of presidential elections by March 9, two days before half the current senators complete their six-year term and retire.
In the letter, the ECP has referred to Article 41 of the Constitution, which details the term, qualification and timelines for the election to the office of the president. Citing Article 41(4), it notes that the presidential election shall be held not earlier than 60 days, and not later than 30 days, before the expiration of the term of the president in office. Incumbent President Arif Alvi completed his five-year term on Sept. 9 last year.
If the timeline laid out in Article 41(4) cannot be fulfilled due to the dissolution of the National Assembly, the presidential polls must be held within 30 days of the general elections. “In light of the above Article, the election to office of the president is required to be conducted by March 9, 2024. It is pertinent to mention here the second schedule of the Constitution provides a procedure for the conduct of election of the office of the president. As per paragraph 1 of the second schedule of the Constitution, the Chief Election Commissioner acts as the returning officer for the conduct of election,” it adds.
The second schedule of the Constitution, per the letter, also requires the appointment of presiding officers. “As per past tradition, the chief justices of relevant high courts are appointed as presiding officers for the purpose,” it said. “Accordingly, to conduct the election of the highest constitutional office it has been desired by the Hon’ble Election Commission that the Hon’ble chief justices of high court may also be appointed as presiding officers. It is therefore, requested that the requisite concurrence of the Hon’ble chief justices of high courts may please be conveyed for issuance of notification of appointment of presiding officers which is to be issued by Feb. 26, 2024,” it added.
The six-party alliance—comprising the PMLN, PPP, MQMP, PMLQ, BAP, IPP—set to form a coalition government at the center has already announced Asif Ali Zardari as its candidate for the president. This would be Zardari’s second tenure as president, as he previously served in the role from September 2008 to 2013.