By Anzal Amin
ISLAMABAD: The Islamabad High Court (IHC) has issued pre-admission notices to the federal government, prime minister, and president over the delay in appointing the chief election commissioner (CEC) and two Election Commission of Pakistan (ECP) members.
The notices were issued following a petition filed by Opposition Leaders Omar Ayub and Shibli Faraz, challenging the delay in filling the crucial positions.The case was heard by Justice Muhammad Azam Khan, who also directed notices to the CEC and ECP members.
Petitioners’ lawyer Sameer Khosa argued that the CEC and ECP members continue to serve despite the expiration of their terms, which he claimed violates constitutional provisions.
The court inquired whether the appointment process had begun, to which Khosa responded that the parliamentary committee responsible for the process has yet to be formed.
The court has sought a response from all concerned parties and adjourned the hearing until April 29. The delay in appointing electoral officials has raised concerns about the functioning of the ECP, particularly in the lead-up to future elections.Earlier, Opposition leaders in the National Assembly and Senate have filed a petition before the Islamabad High Court (IHC), challenging the delay in the appointment of the Chief Election Commissioner (CEC) and two members of the Election Commission of Pakistan (ECP).
The petition, submitted by Omar Ayub and Shibli Faraz, calls for urgent action to fill the vacant positions in compliance with constitutional provisions.
The petitioners argued that the CEC and ECP members from Sindh and Balochistan completed their tenure, and the delay in appointing their successors was a violation of the Constitution. They urged the court to declare illegal their continued stay beyond their constitutional tenure.
The opposition leaders contended that government inaction, particularly by Prime Minister Shehbaz Sharif, National Assembly Speaker Sardar Ayaz Sadiq, and Senate Chairman Yousaf Raza Gilani, created an “administrative void” in the ECP.
They asked the court to declare that the government failed to fulfill its constitutional responsibilities.
They further requested the court to issue a directive to the NA speaker to form a parliamentary committee and nominate MNAs for the selection process. Similarly, they demanded, Mr Gilani submit the names of Senate representatives to expedite the appointments.
The petitioners further sought a court order instructing the PM to hold meaningful consultations with the leader of the opposition in the NA under Article 213 of the Constitution to finalise the appointments.
The five-year terms of Chief Election Commissioner (CEC) Sikandar Sultan Raja, Sindh Member Nisar Durrani and Balochistan Member Shah Muhammad Jatoi ended on Jan 26, but they will continue to indefinitely hold the offices by virtue of a controversial amendment made in the Constitution in October last year.
The 26th Amendment allowed the CEC and the members to continue till their successors come in. As per Article 215(4) of the Constitution, the appointment of the CEC and members must be completed within 45 days. This deadline expired on March 12, yet no concrete steps have been taken.
