ISLAMABAD - The Supreme Court Thursday directed for appointment of the Chief Election Commissioner by November 13, rejecting Khursheed Shah’s plea to grant three months’ time for the appointment.
Leader of Opposition in National Assembly Khursheed Ahmed Shah on October 27 had filed an application seeking three months for completing the process.
A three-member bench, headed by Chief Justice Nasirul Mulk, also dismissed the Election Commission of Pakistan (ECP) petition for granting nine months to carry out constituencies’ delimitation in Sindh and Punjab with the direction to submit report about the steps it had taken so they pass an appropriate order.
Leader of opposition in NA had requested that the appointment process should be withheld till the parliamentary committee on electoral reforms finalise its recommendations as the consultees – he and the PM – would like to take all parliamentary parties and civil society on board before appointing a permanent CEC for foolproof mechanism for free, fair and transparent elections in future.
The court on October 14 had ordered the government to appoint a permanent CEC by October 28 warning that otherwise it would withdraw its judge officiating as the interim CEC. Presently, Justice Anwar Zaheer Jamali is serving as acting CEC.
Aitzaz Ahsan appearing on behalf of Opposition Leader Khursheed Shah argued that in the last two months uncertain situation prevailed within and outside the parliament, adding the electoral reforms committee has been busy in finalising the recommendations. He pleaded to grant more time for CEC appointment.
The chief justice said according to the constitution two persons’ consultation is required for the CEC appointment. Aitzaz replied that the two wanted that no one could point finger on the appointment of ECP head in future, therefore, they would like to take all the political parties and civil society on board which required more time. The counsel also informed that after the approval of electoral reforms the CEC office would become more important.
Justice Nasir said the CEC post had been vacant for the last one year, and the apex court judge was performing duties as interim CEC due to which the ECP failed to formulate permanent policy while it was also affecting the apex court work. Why the government hadn’t started consultation process when the apex court had passed an order for filling CEC post in February 2014, the CJP inquired.
The court observed it would take years to finalise the electoral reforms, saying if the CEC is not appointed by November 13, they would withdraw SC judge. The bench inquired from Attorney General Salman Butt whether he had any instruction for extending time for CEC appointment, and he replied in negative.
The court said it would decide the case in accordance with the constitution and law. Aitzaz then prayed that at least one month be given for CEC appointment. The chief justice asked why he was seeking a month’s time for a process which could be completed in a couple of days. The court dismissing the petition ordered to appoint the chief election commissioner by Nov 13.
Earlier, Punjab Additional Advocate General Razaq A Mirza and Sindh AAG Shafi Chandio informed that the laws for allowing the ECP to carry out delimitations had been passed and they presented copies of the Acts before the bench.
ECP Secretary Ishtiaq Ahmed appeared before the court and apprised that the ECP’s two review petitions were pending in the court. He informed that they have requested the court to review its order of completing delimitations in 45 days. He further apprised that 6 to 9 months were required for carrying out delimitation of constituencies in Sindh and Punjab, as they have to hold meetings with the commissioner.
The court observed that the time demanded was too much therefore the applications could not be accepted. The chief justice asked the ECP secretary to submit report about it in the next hearing, adding after examining the report they would see how much time is required for delimitations.
The case was adjourned till the first week of December.