ISLAMABAD: An in-camera meeting of the Parliamentary Committee on the Appointment of the Chief Election Commissioner and members of the Election Commission of Pakistan (ECP) will be held on Tuesday (Nov 9) to consider the nominations made by Prime Minister Imran Khan and Leader of the Opposition Shehbaz Sharif for appointment of members of the ECP from Punjab and Khyber Pakhtunkhwa.

The meeting is taking place two months after expiry of the 45-day constitutional deadline for the appointment of the ECP members from the two provinces who had retired on July 26 after completing their five-year constitutional term.

The bi-cameral and bipartisan parliamentary committee headed by Minister for Human Rights Dr Shireen Mazari will consider 12 names — six each sent by the prime minister and the opposition leader — for the appointment of the ECP members.

Shehbaz Sharif had through a letter to the prime minister on September 17 suggested the names of retired Justice Tariq Iftikhar Ahmed, Muhammad Javed Anwar, retired Justice Mushtaq Ahmed, Khalid Masood Chaudhry, Irfan Qadir and Irfan Ali. In the letter, Mr Sharif also expressed his displeasure that the government had not followed the Supreme Court’s ruling which required the prime minister’s “serious and meaningful” consultation with him on the matter, Mr Sharif had proposed the names after consultations with the leaders of other opposition parties, including Pakistan Peoples Party (PPP) chairman Bilawal Bhutto-Zardari.

Meeting taking place two months after expiry of 45-day constitutional deadline

The prime minister had sent a letter to the opposition leader on Aug 26, proposing three names each for the ECP members from Punjab and Khyber Pakhtunkhwa. For the vacant seat of ECP member from Punjab, PM Khan had proposed the names of Ahsan Mahboob, Raja Amer Khan and Dr Syed Pervaiz Abbas. And for the post of member from Khyber Pakhtunkhwa, he had suggested the names of retired Justice Ikramullah Khan, Faridullah Khan and Muzammil Khan.

PML-N secretary general Ahsan Iqbal had alleged that they had rejected the government’s nominees as the premier had nominated his “friends and relatives” for the key constitutional posts. He had also criticised the prime minister for not doing “meaningful consultations” on the issue of ECP appointments. He said the prime minister had sent a letter to the opposition leader which showed that he was not interested at all in establishing a “working relationship” with the opposition.

On the other hand, Minister for Information Fawad Chaudhry had stated that there was no need for the prime minister to hold a physical meeting with the opposition leader on the issue and the names could be exchanged through correspondence. Recently, the prime minister has also categorically refused to consult Shehbaz Sharif on the appointment of the National Accountability Bureau (NAB) chairman, saying he would not do so as the opposition leader was facing corruption cases.

Under the Constitution, the ECP comprises the chief election commissioner and four members — one from each province. Article 215(4), inserted in the Constitution through the 22nd Amendment, reads: “Vacancy in the office of the commissioner or a member shall be filled within 45 days.”

In 2019, the Pakistan Tehreek-i-Insaf-led coalition government had missed the constitutional deadline of 45 days for the appointment of two ECP members from Sindh and Balochistan when PM Khan had refused to hold direct and mandatory consultation with the opposition leader on the issue. However, when the issue landed at the Islamabad High Court, the prime minister consulted Mr Sharif through correspondence.

This was repeated last year at the time of chief election commissioner’s (CEC) appointment as well.

Under Articles 213 and 218 of the Consti­tution, the prime minister in consultation with the opposition leader forwards three names for the appointment of CEC or an ECP member to a parliamentary committee for confirmation of one name.

The parliamentary committee, constituted by the National Assembly speaker, draws half of its members from the treasury benches and other half from opposition parties, based on their strength in parliament.

In case a consensus cannot be reached between the prime minister and the opposition leader, the law says each will forward separate lists to the parliamentary committee for finalisation of the names.

The mechanism for retirement of two members after their half-term in office was also put in place through the 22nd Amendment to ensure the continuity of the electoral body. Article 215(1) of the Constitution in its amended form reads: “The Commissioner [and a member] shall, subject to this Article, hold office for a term of five years from the day he enters upon his office.”

A proviso to the article reads: “Provided that two of the members shall retire after the expiration of the first two and a half years and two shall retire after the expiration of the next two and a half years: Provided further that the Commission shall for the first term of office of members draw a lot as to which two members shall retire after the first two and a half years.”

However, under the amended law, it was a one-time arrangement, meaning that in future all members will complete their five-year tenure.

Published in Dawn, November 8th, 2021