Pakistan Tehreek-i-Insaf (PTI) claims that calling fresh elections was the most democratic thing to do in the circumstances, as it in a way grants the vote of no-confidence to the masses. However, a democratic outcome can only come out of free and fair elections, and a deeper look into the reality on the ground shows that there may be insurmountable problems in pushing through elections in this unprecedented deadline, which may risk the credibility of the elections. In fact, the Free and Fair Election Network (FAFEN) has identified multiple constitutional, legal and operational challenges to the conduct of an early election.
The first, most glaring problem is that the Commission Members from Punjab and Khyber Pakhtunkhwa have yet to be appointed for the legitimacy of any election will be the completion of the Election Commission of Pakistan (ECP). Needless to say, no elections can occur without the proper functioning of the ECP. The Commission Members from Punjab and Khyber Pakhtunkhwa have yet to be appointed. The normal state of affairs under Article 213 (2B) of the Constitution requires the Prime Minister and the Leader of the Opposition to initiate the process of appointing members through a specially formed committee comprising only senators. If the assemblies are dissolved, it is unclear as to how the Commission is to be completed.
Another process that is normally carried out comprehensively during an election year but now has to be rushed through is the delimitation of National and Provincial Assembly seats since it was carried out on the basis of provisional results of the 2017 census. A fresh delimitation on the basis of the last preceding census officially published is, therefore, essential for the legality of future elections as per Section 17(2) of the Elections Act, 2017. It is near impossible to complete the lengthy and often contested process of delimitation in this short time period.
Lastly, the factor that the PTI is banking on as its trump card, the use of Electronic Voting Machines (EVMs) and the facilitation of overseas Pakistanis to vote, may not be as easy to put in place as previously thought. The ECP is still unclear as to how to enforce the amendments to the Elections Act, 2017 pertaining to the use of EVMs; this is made more complicated considering the provisions pertaining to EVMS were majoritarian changes that may be subject to legal challenge in the courts.
The first, most glaring problem is that the Commission Members from Punjab and Khyber Pakhtunkhwa have yet to be appointed for the legitimacy of any election will be the completion of the Election Commission of Pakistan (ECP). Needless to say, no elections can occur without the proper functioning of the ECP. The Commission Members from Punjab and Khyber Pakhtunkhwa have yet to be appointed. The normal state of affairs under Article 213 (2B) of the Constitution requires the Prime Minister and the Leader of the Opposition to initiate the process of appointing members through a specially formed committee comprising only senators. If the assemblies are dissolved, it is unclear as to how the Commission is to be completed.
Another process that is normally carried out comprehensively during an election year but now has to be rushed through is the delimitation of National and Provincial Assembly seats since it was carried out on the basis of provisional results of the 2017 census. A fresh delimitation on the basis of the last preceding census officially published is, therefore, essential for the legality of future elections as per Section 17(2) of the Elections Act, 2017. It is near impossible to complete the lengthy and often contested process of delimitation in this short time period.
Lastly, the factor that the PTI is banking on as its trump card, the use of Electronic Voting Machines (EVMs) and the facilitation of overseas Pakistanis to vote, may not be as easy to put in place as previously thought. The ECP is still unclear as to how to enforce the amendments to the Elections Act, 2017 pertaining to the use of EVMs; this is made more complicated considering the provisions pertaining to EVMS were majoritarian changes that may be subject to legal challenge in the courts.
