ISLAMABAD: The term of President Dr Arif Alvi, Pakistan’s 13th head of state, will end in September this year. However, there will be no assemblies and no electoral college to elect a new president in his place.
The assemblies are set to be dissolved in August, while Punjab and Khyber Pakhtunkhwa assemblies have already been dissolved. So, in such a situation, who will be the head of the state after the president’s term ends?
President Alvi was sworn in on September 9, 2018. His five-year term will end on September 8.
According to Article 41 (4) of the Constitution: “Election to the office of President shall be held not earlier than sixty days and not later than thirty days before the expiration of the term of the President in office: Provided that, if the election cannot be held within the period aforesaid because the National Assembly is dissolved, it shall be held within thirty days of the general election to the Assembly.”
Therefore, the presidential polls have to be held 30 days prior to September 8.
However, as per the Constitution, polls to elect a new president will be done by the electoral college comprising the Senate, the National Assembly and all the provincial assemblies.
“The electoral college, at present, is incomplete because Punjab and Khyber Pakhtunkhwa assemblies do not exist; therefore, the president cannot be elected,” Rashid Chaudhry, the deputy-director programs at the Free and Fair Election Network (FAFEN), told Geo News.
Meanwhile, Adviser to Punjab Chief Minister on Law and Parliamentary Affairs, Kunwar Dilshad, said that the election for the president will take place once the electoral college is complete.
Article 44 (1) of the Constitution states that the president shall continue to hold office even after his term expires until a new president is elected and assumes office.
Pakistan Institute of Legislative Development and Transparency President Ahmad Bilal Mehboob said that the head of state would continue to perform his duties even after his term has ended unless a forerunner replaces them.
Therefore, per the Constitution, President Alvi will stay in office until the arrival of the new president.
It should be noted that the election of the new president must be held within 30 days of the date of the general elections.
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