Rejecting on Thursday the application filed by Leader of the Opposition in the National Assembly Syed Khursheed Ahmed Shah, through which he sought three months extension in the appointment of a permanent chief election commissioner (CEC), the Supreme Court directed the government to appoint a CEC by November 13.
A three-member bench headed by Chief Justice Nasirul Mulk resumed the hearing of a case pertaining to local government elections and delimitation of electoral constituencies. During the course of proceedings, the bench directed the federation to complete its consultations regarding appointment of a permanent CEC and ensure that the appointment should be made by November 13. Besides, the court also rejected the Election Commission of Pakistan's (ECP) request seeking six to nine months time to carry out delimitation of constituencies in Punjab and Sindh.
Aitzaz Ahsan, the counsel for Syed Khursheed Ahmed Shah, urged the court to give an extension of three months for the appointment of a permanent CEC. According to him, circumstances in and outside the parliament remain uncertain and the government is still busy in constitutional reforms and a committee has been constituted in this regard which needs at least three months to carry out its work.
Meanwhile, Attorney General for Pakistan (AGP) Salman Aslam Butt told the court that no instructions had been received yet to seek more time for holding consultations over the issue.
Upon which, CJP Nasir-ul-Mulk remarked that an apex court judge is serving as the acting CEC for more than a year; however, the government has failed to fill the post of CEC that has been lying vacant since August 2013. Not only does this state of affair affecting the functioning of the election commission, it is also causing a problem to judiciary, according to him.
He warned the government that the court would withdraw its judge Justice Anwar Zaheer Jamali, who is performing as acting CEC, after November 13; therefore, the government is instructed to hire new CEC before electoral reforms. He stated that the institution requires a commissioner on a permanent basis to formulate a consistent policy.
The CJ added that as per the constitution, consultations between two individuals -leader of the House and leader of opposition in the National Assembly - is the requirement so there is no need to give a three-month extension for the said purpose, adding that the Constitutional clauses should be adhered to in relation to CEC's appointment.
Local Government Elections
The ECP Secretary Ishtiaq Ahmad Khan requested the bench to grant six to nine months to carry out delimitation of constituencies in Sindh and Punjab for holding LB polls.
He appraised the court that ECP has to take many steps which included formulation of new laws in light of laws about delimitation of constituencies.
The bench turned down the request and directed the ECP to submit a comprehensive report about electoral reforms and delimitation of constituencies in Sindh and Punjab till Dec 1 before it adjourned the proceedings of the case.
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