IHC orders issue of ECP appointments be sent to parliament

Published October 14, 2019
The Islamabad High Court (IHC) on Monday ordered that the issue of the appointment of two members of the Election Commission of Pakistan (ECP) be sent to the parliament.
— AFP/File
The Islamabad High Court (IHC) on Monday ordered that the issue of the appointment of two members of the Election Commission of Pakistan (ECP) be sent to the parliament. — AFP/File

The Islamabad High Court (IHC) on Monday ordered that the issue of the appointment of two members of the Election Commission of Pakistan (ECP) be sent to the parliament.

During the hearing of a petition challenging the appointments, IHC Chief Justice Athar Minallah said that the National Assembly speaker and Senate chairman should "end the deadlock" and prevent the ECP from becoming "non-functional". Additionally, the high court said a written order was to follow.

President Dr Arif Alvi, on August 22, appointed Khalid Mehmood Siddiqui from Sindh and Munir Ahmed Kakar from Balochistan against two the vacant posts previously held by Abdul Ghaffar Soomro and retired Justice Shakeel Baloch from the respective provinces.

The chief election commissioner (CEC) refused to administer the oath to both members-designate and wrote a letter to the law ministry, saying that the appointment of ECP members was not in accordance with relevant articles of the Constitution.

Following this, the IHC admitted a petition filed by Barrister Jahangir Khan Jadoon, challenging the appointments, for regular hearing.

During the proceedings today, Additional Attorney General Amir Rehman told the court that petitions regarding the ECP appointments had been submitted in the apex court, the Sindh High Court and the Lahore High Court.

"This is a matter of public interest, do you want to make the election commission non-functional?" Justice Minallah inquired during the proceedings.

Saying that the ECP had become "almost non-functional", he asked: "Can the parliament not even solve such a small issue?"

Justice Minallah said that the National Assembly speaker and Senate chairman should resolve the issue through consultations.

"Does the federal government still want to defend the deadlock?" the IHC chief justice asked, in response to which the additional attorney general said that he should be granted permission to ask the federal government for instructions.

The court expressed confidence in the parliament to solve the matter, as Justice Minallah remarked: "Who will say that this matter should not be solved in the forum of the parliament? Constitutional institutions should not be non-functional; does the government want this?"

Prior to the hearing today, the secretary of the Ministry of Parliamentary Affairs submitted a reply in the court on behalf of the federal government, requesting the IHC to adjourn proceedings on the petition till the Supreme Court issued its verdict on the matter.

Opinion

Editorial

Kurram atrocity
Updated 22 Nov, 2024

Kurram atrocity

It would be a monumental mistake for the state to continue ignoring the violence in Kurram.
Persistent grip
22 Nov, 2024

Persistent grip

An audit of polio funds at federal and provincial levels is sorely needed, with obstacles hindering eradication efforts targeted.
Green transport
22 Nov, 2024

Green transport

THE government has taken a commendable step by announcing a New Energy Vehicle policy aiming to ensure that by 2030,...
Military option
Updated 21 Nov, 2024

Military option

While restoring peace is essential, addressing Balochistan’s socioeconomic deprivation is equally important.
HIV/AIDS disaster
21 Nov, 2024

HIV/AIDS disaster

A TORTUROUS sense of déjà vu is attached to the latest health fiasco at Multan’s Nishtar Hospital. The largest...
Dubious pardon
21 Nov, 2024

Dubious pardon

IT is disturbing how a crime as grave as custodial death has culminated in an out-of-court ‘settlement’. The...