Islamabad: opposition leaders in the National Assembly and the Senate have presented a petition before the Superior Court of Islamabad (IHC), challenging the delay in the appointment of the Chief of Elections Commissioner (CEC) and two members of the Pakistan Electoral Commission (ECP).
The petition, presented by Omar Ayub and Shibli Faraz, demands an urgent action to occupy vacancies in accordance with constitutional provisions.
The petitioners argued that the members of CEC and ECP of Sindh and Baluchistan completed their mandate, and the delay in naming their successors was a violation of the Constitution. They urged the Court to declare their continuous stay beyond their constitutional possession.
The opposition leaders argued that the inaction of the government, particularly by Prime Minister Shehbaz Sharif, the president of the National Assembly, Sardar Ayaz Sadiq, and the president of the Senate Yousaf Raza Gilani, created an “administrative emptiness” in the ECP.
Omar Ayub, Shibli Faraz asks the Court to institute state officials to accelerate the process
They asked the Court to declare that the Government did not fulfill their constitutional responsibilities.
In addition, they asked the Court to issue a directive from the NA speaker to form a parliamentary committee and nominate the AMN for the selection process. Similarly, they demanded, Mr. Gilani presented the names of the Senate representatives to accelerate the appointments.
The petitioners also sought a court order that told Prime Minister to celebrate significant consultations with the opposition leader in the NA under article 213 of the Constitution to end the appointments.
The five -year terms of the main election commissioner (CEC) Sikandar Sultan Raja, the member of Sindh Nisar Durrani and the member of Baluchistan, Shah Muhammad Jatoi, ended on January 26, but will continue to maintain the offices under a controversial amendment made in the Constitution in October last year.
The amendment 26 allowed the CEC and the members to continue until their successors enter. According to article 215 (4) of the Constitution, the appointment of the CEC and the members must be completed within 45 days. This period expired on March 12, but no concrete measures have been taken.
The term of Mr. Raja was characterized by controversies. He was often criticized for the opposition for his failure to celebrate timely general elections, denying PTI his iconic symbol of ‘bat’ survey and playing a key role in the alleged manipulation of electoral results.
If a consensus is reached, the proposed names are sent to the parliamentary committee for approval.
In case of disagreement, each side presents three names per position, and the Committee makes the final decision.
The former judges of the Supreme Court, technocrats and bureaucrats under 68 are eligible for their consideration for the CEC position, while judges, bureaucrats and technocrats retired from the CEC are eligible to become members of the ECP.
Posted in Dawn, March 26, 2025
