ECP Nominations
The Islamabad High Court (IHC) on Wednesday issued pre-admission notices to the federal government, the prime minister, and the president regarding the delay in appointing a new Chief Election Commissioner (CEC) and two members of the Election Commission of Pakistan (ECP).
The notices were issued in response to a petition challenging the continued functioning of the incumbent CEC and ECP members despite the expiration of their tenure.
Justice Muhammad Azam Khan presided over the hearing of the petition, which was jointly filed by Opposition Leader in the National Assembly Omar Ayub and Leader of the Opposition in the Senate Shibli Faraz.
The petitioners argued that the prolonged delay in filling these key constitutional positions was a violation of legal provisions and could potentially impact the electoral process in the country.
The court also served notices to the Chief Election Commissioner and the existing ECP members, seeking their response on the matter. Advocate Sameer Khosa, representing the petitioners, contended that these constitutional offices were being occupied beyond their mandated term, which was not only unlawful but also undermined the credibility and independence of the Election Commission.
During the hearing, the court questioned whether the process for appointing a new Chief Election Commissioner and the two ECP members had been initiated. Responding to the query, senior lawyer Latif Khosa informed the bench that no formal process had begun yet.
He explained that, according to the Constitution, a parliamentary committee needed to be formed to oversee the appointment process, but the government had yet to take any steps in this regard.
Taking serious notice of the delay, the court directed the Federation, the Prime Minister (through his Principal Secretary), and the President (via the Secretary) to submit their responses.
Additionally, the Chief Election Commissioner and ECP members were asked to provide their explanations regarding their continued stay in office beyond their designated terms.
The court emphasized the importance of ensuring timely appointments to constitutional offices, particularly those related to the election process, as any delay could affect the transparency and fairness of future elections. The hearing was subsequently adjourned until April 29, giving all respondents time to submit their replies.
