ISLAMABAD  -   The opposition parties in the Parliament believe delay in appointment of ECP members from Sindh and Balochistan may lead to a ‘constitutional crisis.’

The main opposition parties (PPP and PML-N) members from parliamentary committee on appointment of the ECP members suggested the Prime Minister to immediately hold important meeting with opposition leader Shehbaz Sharif to avoid creating constitutional gap.

The ECP members Abdul Ghaffar Soomro and Justice retired Shakeel Baloch from Sindh and Balochistan had retired on January 26, 2019 and their replacements under the Constitution should have been appointed by March 12, 2019. The government has missed constitutional deadline for appointing the members within 45 days.

According to article 215(4) of the Constitution, “Vacancy in the office of the commissioner or a member shall be filled within 45 days.” Around two weeks have passed after the expiry of the deadline but no consultation was conducted on this matter.

Under the prescribed rules and procedures (Articles 213 and 218 of the Constitution), “The PM in consultation with the opposition leader forwards three names for the appointment of the chief election commissioner or a commission [ECP] member to a parliamentary committee for hearing and confirmation of one name.”

Prime Minister Imran Khan has so far not held any meeting with opposition leader in the National Assembly, Shehbaz Sharif, to consult for the fresh appointment of members.

The PTI government has suggested the names of Dr. Salahuddin Mengal, a technocrat and ex-advocate general of Balochistan, Mahmud Raza Khan, former additional advocate general of Balochistan and Raja Aamir Abbasi, ex-deputy prosecutor general of National Accountability Bureau for their nomination as member of the ECP from the province.

From Sindh, the government has suggested the names of Mohammad Nadeem Qureshi, ex-member judicial (judge of the customs appellate tribunal), justice retired Abdul Rasool Memon, former registrar of the Sindh High Court, and justice retired Noorul Haq Qureshi, a former Islamabad High Court judge.

“For the appointment of the ECP members, Prime Minister Imran Khan should not show reluctance to hold consultations with the opposition leader on the issue as per the Constitution as the delay is causing constitutional gap,” said PML-N’s Senator/ Member Parliamentary Committee on appointment of members ECP Mushahid Ullah while talking to The Nation.

He said, “There is a need to shun ego and Prime Minister Imran Khan needs to properly hold meeting with opposition leader for initiating consultation.” The PML-N lawmaker said that there was a need to leave this attitude and fulfil constitutional requirement.

Another member of parliamentary committee on appointment of members ECP from PPP-P, Dr. Sikandar Mandhro said that there was need to immediately appoint ECP members from Sindh and Balochistan. “It could create constitutional problem as members have not been appointed even after the expiry of date,” he said.

The parliamentary committee on appointment of members ECP, he said, would start its function after the consultation between leader of opposition Shehbaz Sharif and Prime Minister Imran Khan. The committee has no power to appoint/select members before the meeting of opposition leader and prime minister.

National Assembly speaker had constituted a bipartisan parliamentary committee for the appointment of the CEC and ECP members even before the retirement of the two members.