ISLAMABAD - The Election Commission of Pakistan (ECP) on Thursday wrote a letter to the Supreme Court for the nomination of acting CEC.
Sources said that President Asif Zardari had accepted the resignation of Justice (Retd) Fakhruddin G Ebrahim before going to China but the government issued its notification today (Thursday). Justice Fakhruddin had resigned from his post on July 31, 2013.
The nomination of acting Commissioners is not automatic like that of the President office. Registrar Supreme Court Dr Faqir Hussain told The Nation that after receiving the notification from the Election Commission a request is made to the Chief Justice for the nomination of a judge of the apex court as acting Election Commissioner.
Under Article 217 at any time when, (a) the office of Commissioner is vacant, or (b) the Commissioner is absent or unable to perform the functions of his office due to any other cause, a judge of the Supreme Court nominated by the Chief Justice of Pakistan shall Act as Commissioner.
The Constitution does not provide timeframe that in how much time the chief justice has nominate a judge of the apex court as the CEC. But the customary practices have been that the acting CEC is nominated soon after receipt of a letter from the Election Commission. Similarly, according to Article 217 of the Constitution a judge of the Supreme Court has to be nominated as acting CEC but the past practices have been that the senior most judge of the Supreme Court is appointed the acting Chief Election Commissioner.
Ebrahim stepped down from the post after harsh criticism from the opposition parties for what they said was his failure to stop rigging in May 11 elections. He was the 24th individual to occupy the post after 12 permanent and 11 acting chief election commissioners.