RAWALPINDI Election Commission of Pakistan (ECP) in a written reply to Lahore High Court (LHC) Rawalpindi bench, Monday, submitted that it has sent a summary to Prime Minister Syed Yousuf Raza Gilani to reconstitute Election Commission in the light of 18th Amendment. The reply was filed in response to a petition challenging the process of by-elections on the grounds that Election Commission of Pakistan (ECP) is unconstitutional. It was further told that the Commission had also sent a reference to Law and Justice department in this regard. Furthermore, the current Chief Election Commissioner was appointed for the period of three years, therefore, the current ECP could hold by-polls lawfully. After these submissions, deputy attorney general told the court that he would give more arguments in this connection after taking instructions from the federal government. On this, LHC judge Justice Sagheer Ahmed Qadri adjourned the hearing till August 25 for further proceedings. Earlier, taking up the petition, LHC judge Justice Saghir Ahmed Qadri had directed the standing counsel to submit his reply in the petition filed by Syed Nusrat Ali Shah who has questioned the role of the commission and the Chief Election Commissioner (CEC) in holding by-elections. The petitioner moved the court through his lawyer Manzoor Hussain Malik and made the CEC, Election Commissions secretary and returning officer for NA-68 (Sargodha-V) as respondents. In his petition, he stated that he wanted to contest the by-election in Sargodha to be held on August 5, but was reluctant to do so because the current commission was not constitutional and all its actions could subsequently be held unconstitutional. Syed Nusrat said that under the amended Constitution, the CEC should be a retired judge of the Supreme Court and his selection should be made by a 12-member parliamentary committee from a list of three members to be proposed by the prime minister and the opposition leader. The incumbent chief election commissioner has not been appointed in accordance with the amendment, he argued. The petitioner, a former MNA from Sargodha, said that under the amended Article 218, the commission was to comprise four retired high court judges and every member should be selected in accordance with the procedure laid down in Article 213. Previously, the chief justice of a high court used to nominate a sitting judge as member of the commission and currently two judges were its members. Under the amended Article 219, the petitioner said, all duties and functions of the CEC had been delegated to the ECP and elections for the Senate, national and provincial assemblies and local bodies could only be conducted by the ECP, and not the chief election commissioner. He further argued that all elections conducted and being conducted by the current commission are unconstitutional and have no legal effect. The Sargodha seat fell vacant after Syed Javaid Hussain Shah of the PML-N had to resign over the fake degree issue.