Minister for Law and Justice Azam Nazeer Tarar Monday said that President has violated the constitution by announcing the data of elections in Punjab and Khyber Pakhtunkhwa just to please his leader.
Speaking in National Assembly, the minister said that Article 48 (5) of the Constitution only allows the President to announce a data for the election after dissolution of National Assembly by him.
It is to mention that Article 48 (5) says,” Where the President dissolves the National Assembly, notwithstanding anything contained in clause (1), he shall appoint a date, not later than ninety days from the date of the dissolution, for the holding of a general election to the Assembly and appoint a care-taker Cabinet.
The minister said that Article 105 (3) allows the Governor to announce the date in province if he had dissolved the provincial assembly. The Punjab Assembly was not dissolved by the Governor, after his reservations refusal to dissolve the assembly, the provincial assembly got dissolved after 48 hours, he added.
This particular matter related to the Governor is sub-judice and the court will decide about it not the President, the minister maintained.
The Article 105 (3) of the Constitution says,” Where the Governor dissolves the Provincial Assembly, notwithstanding anything contained in clause (1), he shall appoint a date, not later than ninety days from the date of dissolution, for the holding of a general election to the Assembly and (b) appoint a care-taker Cabinet.
Azam Nazeer Tarar referred to Article 218 (3) of the Constitution and said that Election Commission of Pakistan has the authority to conduct the election. As per Article 218 (3), “It shall be the duty of the Election Commission to organize and conduct the election and to make such arrangements as are necessary to ensure that the election is conducted honestly, justly, fairly and in accordance with law, and that corrupt practices are guarded against.
The minister said that those talking about the Constitution had themselves violated the Constitution in the past also. He said that National Assembly was dissolved within three minutes by the President after the ruling of the former Deputy Speaker.
The apex court, he said, even declared the ruling of the ex- Deputy Speaker and decision of the President to dissolve the National Assembly as unconstitutional.
He said that President even refused to take the oath from Prime Minister elected as per constitution. He said that President is violating constitution only to please his leader and he has no jurisdiction to announce the general elections in provinces.
