ISLAMABAD: In a final effort to ensure an adequate workforce for the upcoming polls, the Election Commission of Pakistan (ECP) has once again appealed to the judiciary, requesting the provision of judicial officers to serve as district returning officers and returning officers.
A senior ECP official revealed that the high courts of the four provinces previously declined to release their officers for the general elections scheduled for February 8. Despite this, the electoral body has decided to reiterate its request, seeking cooperation from the judiciary.
The official stated, “The situation regarding the appointment of district returning officers and returning officers will hopefully be clarified by Monday. If the judiciary declines again, officers from the district administration will be appointed for election duties, along with staff members from the commission.”
Referring to Sections 50 and 51 of the Elections Act, 2017, the official highlighted that appointments should be made at least sixty days before the issuance of the Election Programme unless there are by-elections or exceptional circumstances, in which case appointments should be made simultaneously with the issuance of the election program.
It was learned that in response to the communication from the Election Commission, the Lahore High Court had reportedly sought the election schedule first, before taking any decision on judicial officers. According to Section 50 of the Elections Act, 2017, for election to an assembly, the commission shall, in the prescribed manner, appoint a district returning officer for each district or a specified area.
This section also explains these officers can be drawn, “From amongst its own officers subject to availability; (b) by selection from a list of officers provided by the (federal) government or a Provincial Government; or from the subordinate judiciary in consultation with the Chief Justice of the High Court concerned.”
Likewise, Section 51 says, “Appointment of Returning Officer and Assistant Returning Officers. (1) The Commission shall, in the prescribed manner, appoint, from amongst its own officers or officers of any Government or corporations, autonomous or semi-autonomous bodies controlled by any Government, or from the subordinate judiciary in consultation with the Chief Justice of the High Court concerned, a Returning Officer for each constituency. (2) A person shall not be appointed as Returning Officer for more than one constituency, save in exceptional circumstances, for reasons to be recorded…(3) The Commission may, in the prescribed manner, appoint, from amongst its own officers or officers of any Government, or corporations, autonomous or semi-autonomous bodies controlled by any Government, as many Assistant Returning Officers as may be necessary”.
While the National Judicial Policy Making Committee (NJPMC) had previously decided to refrain judicial officers from election duties in 2009 to avoid political controversies, exceptions were made for the 2013 and 2018 general elections.
