‘Delay’ in appointment of CEC, two members: IHC issues pre-admission notices

ISLAMABAD: The Islamabad High Court (IHC) Wednesday issued pre-admission notices to the federation, prime minister, and president over the delay in appointing the chief election commissioner (CEC) and two members of the Election Commission of Pakistan (ECP).

A single bench of Justice Muhammad Azam Khan on Wednesday issued the notices in a petition filed by Opposition Leader in National Assembly Omar Ayub and Opposition Leader in Senate Shibli Faraz, challenging the delay in filling the crucial positions and seeking direction and orders such that process of appointment of new election commissioner and members is initiated.

During the hearing, petitioners’ lawyer Sameer Khosa argued that the CEC and ECP members continue to serve despite the expiration of their terms, which he claimed violates constitutional provisions.

The IHC bench asked that whether the appointment process had begun. At that, Khosa responded that the parliamentary committee responsible for the process has yet to be formed.

Then, the court sought a response from all concerned parties and adjourned hearing of the case till April 29 for further proceedings.

In this matter, Opposition leaders in the National Assembly and Senate

filed the petition challenging the delay in the appointment of the CEC and two

members of ECP.

In the petition, they urged the court for urgent action to fill the vacant positions in compliance with constitutional provisions. They argued that the CEC and ECP members from Sindh and Balochistan completed their tenure, and the delay in appointing their successors was a violation of the Constitution. They also urged the court to declare illegal their continued stay beyond their constitutional tenure.

The opposition leaders contended that government inaction, particularly by Prime Minister Shehbaz Sharif, National Assembly Speaker Sardar Ayaz Sadiq, and Senate Chairman Yousaf Raza Gilani, created an “administrative void” in the ECP.

They requested the court to declare that the government failed to fulfil its constitutional responsibilities. They further requested the court to issue a directive to the NA speaker to form a parliamentary committee and nominate MNAs for the selection process. Similarly, they requested that Gilani be asked to submit the names of Senate representatives to expedite the appointments.

The petitioners further sought a court order instructing the PM to hold meaningful consultations with the leader of the opposition in the NA under Article 213 of the Constitution to finalise the appointments.

The five-year terms of CEC Sikandar Sultan Raja, Sindh Member Nisar Durrani and Balochistan Member Shah Muhammad Jatoi ended on January 26, but they will continue to indefinitely hold the offices by virtue of an amendment made in the Constitution in October last year.

Copyright Business Recorder, 2025