The Election Commission of Pakistan (ECP) was requested on Friday to declare the ‘extended stay’ of Caretaker Prime Minister Anwaarul Haq Kakar ‘unconstitutional’.
The request was made through a plea filed before the ECP praying to restrain the caretaker prime minister from holding office and carrying out its functions till the matter is decided by the commission.
Muhammad Muqsit Saleem, who filed the petition, made the interim premier, secretary Cabinet Division, and the chief election commissioner as respondents.
The petitioner contended that on August 14, 2023, the caretaker PM took an oath of office, followed by another oath of his cabinet on August 17, 2023. The caretaker government’s tenure ceased on November 15, 2023, and any further administrative or financial decisions made by the interim set-up is hence illegal and invalid. The petitioner added that the matter requires serious consideration and judicial attention because an extension in the date for holding elections cannot automatically imply that the mandate for the interim PM is extended.
Furthermore, the plea stated that the caretaker government is appointed to oversee states’ administrations, ensuring transparent elections and maintaining law and order in the electoral process.
If elections are not held within the timeframe as specified by the constitution, the mandate of the government should typically end, however, he added that this does not seem to be the case as per the current political landscape of the country.
The petition also stated that the National Assembly was dissolved by President Arif Alvi on the advice of the former prime minister Imran Khan under Article 58(1) of the Constitution of Pakistan, after which he is constitutionally bound to appoint a date for the election of a new government within 90 days of dissolution.
The elections must adhere to Article 218, which must correspond with other provisions of the Constitution, including Articles 224 and 48(5).
The constitution specifies 90-day and 60-day election periods. According to Article 224(1), a general election to the National Assembly or a provincial assembly must be held within 60 days of the day the assembly’s term is set to expire.
According to Article 224(2), when the National Assembly or a provincial assembly is dissolved, a general election to the Assembly must be held within 90 days of the dissolution, and the results must be declared no later than 14 days after the polls conclude.
Adding more, the applicant said that beyond the statutory time, the government is violating constitutional rights and basic democratic foundations. “The extended stay has raised serious concerns regarding the legitimacy of those in power.”
Article 224 outlines the provisions for the caretaker government. The article implies that the government shall remain in office for a period not exceeding 90 days and that the primary function of such a government is to hold free and fair elections.
“The current government has failed to fulfill its responsibilities and has proven to be ineffective in resolving critical issues that are detrimental to our society.”
