- NA opposition leader’s counsel says consultation underway, need three months for appointment
- CJP rejects ECP’s request seeking six to nine months for delimitations in Punjab, Sindh
While rejecting an extension request for three months by National Assembly opposition leader Khursheed Shah, the Supreme Court Thursday ordered the government to appoint a new chief election commissioner (CEC) by November 13.
During the case hearing, a three-member SC bench headed by Chief Justice of Pakistan (CJP) Nasirul Mulk also rejected the Election Commission of Pakistan (ECP)’s request seeking six to nine months to carry out delimitation of constituencies in Punjab and Sindh.
On CEC’s appointment, the CJP said that the position has been vacant since August 2013 and the court will withdraw its judge Justice Anwar Zaheer Jamali as CEC after November 13. Therefore, the government was instructed to hire new CEC before the electoral reforms.
Highlighting the institution’s need to have a commissioner on permanent basis in order to formulate a consistent policy, the CJP said that CEC was a constitutional status and its appointment was a constitutional obligation.
The CJP said that as per the Constitution, consultations between two individuals was the requirement in the case and added that the Constitution should be adhered to.
Justice Mulk asked the attorney general of Pakistan (AGP) if prime minister too needed time for the CEC’s appointment like the opposition leader.
The AGP expressed ignorance over the query however assured the court that everything would be done according to court orders. He further told the court that no instructions had been received to seek more time for holding consultations over the issue.
NA OPP LEADER NEEDS MORE TIME:
Earlier, NA opposition leader Khursheed Shah had submitted his response to the SC through Advocate Aitzaz Ahsan stating that CEC appointment should be done with the consent of the prime minister and the opposition leader.
He added that consultation of appropriate names for the nomination with PM was underway and they wanted all parliamentary parties to join the consultation process. Recommendation for legislator’s monitoring on appointment procedure was also under consideration, he added.
Explaining his case over the delay and court’s previous orders for CEC appointment, Ahsan contended that the circumstances had remained uncertain in and outside the Parliament during the past two months, however, the court rejected the request to extend the deadline and ordered the government to appoint the new CEC in two weeks.
Furthermore, Ahsan said that the committee for election reforms was formed recently and needed at least three months to carry out its work. He argued a problem may arise after the electoral reforms as the procedure to appoint CEC might also change.
The CJP responded to Ahsan saying that constitutional amendment would be dealt with, so CEC should be appointed according to the present provisions.
The case was adjourned till November 13.
Earlier, the SC on October 14 gave the federal government two weeks to appoint a permanent CEC and the deadline expired on October 28.
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