Tehreek-e-Minhajul Quran (TMQ) chief Dr Tahirul Qadri on Thursday filed a constitutional petition in the Supreme Court (SC) seeking reconstitution of the Election Commission of Pakistan (ECP).
Dr Qadri has filed another petition seeking apex court orders for restraining the existing ECP from functioning.
In the petition, federation of Pakistan, the ECP, federal secretary for law and justice and parliamentary committee of National Assembly (NA) have been made respondents.
The petitioner took the plea that methodology of formation of ECP was enshrined in Article 218 of the constitution, while Article 213 of the constitution interpreted it.
Per constitution, the government and opposition would provide three names jointly for the selection of five members of ECP, including the chief election commissioner. The parliamentary committee (PC) would call them, conduct hearing and later one among the three would be confirmed by the committee.
The petition said the situation in the composition of the existing ECP was different. The government and opposition had appointed people of their own choice through a nexus and no hearing had been carried out per constitutional provision.
The appointed people have not even been called, therefore, the appointment of all members of ECP had been made in illegal and unconstitutional manner, the petition added. Dr Qadri has also filed another petition under Supreme Court rules praying the court to provide immediate relief and restrain the ECP from conducting its function. Four institutions including federation of Pakistan have been made respondents in this petition. It has been said in the second petition that the ECP be restrained from functioning until the case of reconstitution of ECP was decided so that transparency and fairness could be ensured in holding the upcoming general election.
