ECP 'crisis': meeting postponed fourth time

The meeting of the Parliamentary Committee on Appointment of Chief Election Commissioner (CEC) and Members of the Election Commission of Pakistan (ECP) was, once again, postponed on Friday and was rescheduled for the next week, sources said.

The meeting postponed fourth time as the government and opposition failed to break the deadlock on the names of CEC and ECP members. The parliamentary committee meeting was first scheduled for December 9 and was rescheduled for December 11 but it was postponed again for December 12, once again it was rescheduled for December 13 and again it has been postponed.

A deadlock between the government and Opposition persists on the name of CEC as the government insisted on the name of Secretary Election Commission of Pakistan Babar Yaqoob Fateh Muhammad while the PML-N has opposed his name.

A 12-member parliamentary committee, which comprises six parliamentarians each from the treasury and opposition benches, is led by Human Rights Minister Dr Shireen Mazari.

Sources said the opposition side refused to attend the meeting and conveyed to the treasury benches if the government wanted its candidates to be appointed as two ECP members then it should agree to any of the opposition's nominations for the CEC slot, which the government refused. The meeting, therefore, ended in a stalemate.

In the committee's last meeting held on December 4, the two sides had failed to reach consensus over the appointment of the two ECP members and deferred the matter till December 11 on the pretext that the names of the new CEC and members ECP would be announced together before this meeting was again rescheduled till December 12.

Prior to December 4 meeting, the parliamentary committee, a day earlier on December 3, had reached consensus over the appointment of government's nominee Naveed Jan Baloch as ECP member from Balochistan and it was expected that the government and opposition would come together in the next meeting (held on December 4) to agree on opposition's nominee for the post of ECP member from Sindh as well, which is also a cause of deadlock between the two sides, it is learnt.

The parliamentary committee would review the names recommended by the Prime Minister Imran Khan and Leader of the Opposition in National Assembly Shehbaz Sharif for the slots of CEC and members ECP from Sindh and Balochistan.

The PM has recommended the names of incumbent Secretary ECP Babar Yaqoob Fateh Muhammad, and former federal secretaries Fazal Abbas Maken and Arif Khan for the elevation of anyone of them to the coveted slot of the CEC.

Opposition leader in NA has recommended the names of former federal secretaries Nasir Mahmood Khosa, Jalil Abbas Jillani and Akhlaq Ahmad Tarar for the CEC post.

For member ECP from Sindh, the PM has recommended the names of Justice Sadiq Bhatti (retd), Justice Noorul Haq Qureshi (retd) and Abdul Jabbar Qureshi. For member ECP from Balochistan, he has recommended the names of Dr Faiz Kakar, Naveed Jan Baloch and Amanullah Baloch.

The opposition leader has suggested the names of Nisar Durrani, Justice Abdur Rasool Memon (retd) and Aurangzeb Haq for member ECP from Sindh, and Shah Mehmood Jatoi, Rauf Atta and Raheel Durrani for member ECP from Balochistan.

The CEC and ECP members are appointed with consensus between the leader of the house (PM) and leader of the opposition in NA.

Article 213 reads, "(2 A) The Prime Minister shall in consultation with the Leader of the Opposition in the National Assembly, forward three names for appointment of the Commissioner to a Parliamentary Committee for hearing and confirmation of any one person.

"Article (2B) The Parliamentary Committee to be constituted by the Speaker shall comprise fifty percent members from the Treasury Benches and fifty percent from the Opposition Parties, based on their strength in Majlis-e-Shoora (Parliament), to be nominated by the respective Parliamentary Leaders:

"Provided that in case there is no consensus between the Prime Minister and the Leader of the Opposition, each shall forward separate lists to the Parliamentary Committee for consideration which may confirm any one name."

As per the relevant constitutional provisions, the criteria for the appointment of the CEC and the four ECP members (one member is appointed from each province) is the same and the CEC and ECP members are appointed for five years with half of the members (two out of four) retiring after 2.5 years.

Since December 5, the ECP has been left dysfunctional following the retirement of CEC Justice Sardar Muhammad Raza (retd). On December 6, Justice Altaf Ibrahim Qureshi (retd), a sitting ECP member from Punjab, took oath as acting CEC but the ECP would remain dysfunctional due to its incomplete formation.

Constitutionally, the ECP comprises five top officials; a CEC and four members, and needs at least three of them for its formation to complete to take decisions by majority vote. In the absence of a CEC and two members, the ECP has been left dysfunctional with only two members one of whom, the senior one in terms of age, has assumed charge of the acting CEC.

In case the deadlock persists between the government and opposition over the appointment of CEC, the Chief Justice of Pakistan (CJP) is constitutionally empowered to nominate a serving judge of the Supreme Court to act as acting CEC till the regular appointment on this position.