The Islamabad High Court (IHC) Monday suspended a presidential notification regarding the appointment of two members of Election Commission of Pakistan (ECP) and directed that the matter be solved by the Parliament.
A single bench of IHC comprising Chief Justice Athar Minallah heard three petitions filed by two lawmakers including Senator Mohammad Javed Abbasi and Member National Assembly (MNA) Dr Nisar Ahmed Cheema and a lawyer Barrister Jahangir Khan Jadoon.
Justice Athar noted: "Till the next date fixed, operation of the impugned notification, dated 22-8-2019, shall remain suspended" and directed to re-list the petition on December 12.
The court order said: "The chairman of the Senate and the worthy speaker of the National Assembly hold their respective offices as politically impartial personalities. They as custodians of the two respective Houses of Majlis-e-Shoora are expected to play an effective role to ensure that the Constitution is upheld and the Election Commission of Pakistan, one of the most important constitutional bodies, is constituted in accordance with the intent of the Constitution makers."
It added, "This court records its appreciation for the endeavors so far made by the worthy chairman of the Senate and the worthy speaker of the National Assembly to resolve the dispute between the treasury and opposition benches so that eligible persons could be appointed as members of the Election Commission of Pakistan.
This court is confident that the endeavors made by the worthy chairman of Senate and the worthy speaker of the National Assembly will amicably resolve the issue without interference by this court. Pursuant to the request made by the Secretary National Assembly, the hearing is adjourned."
Justice Athar said, "The sanctity of the Parliament is indeed undermined when matters that ought to be settled in the Parliament by elected representatives of the people of Pakistan are exposed to interference of the courts." The court order further said when the political issues are not resolved within the Parliament by the elected representatives of the people in the manner prescribed under the Constitution then it gives opportunity to the unelected to undermine the sanctity of the Parliament.
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