Consensus on ECP members' appointment likely today

The lawmakers from treasury and opposition benches, from the forum of Parliamentary Committee on Appointment of the Chief Election Commissioner and Members of Election Commission of Pakistan, on Tuesday agreed on the appointment of government's nominee Naveed Jan Baloch as ECP member from Balochistan while the consensus is also expected between the two sides on the appointment of an opposition candidate as ECP member from Sindh, in the committee's meeting scheduled today (Wednesday).

The 12-member committee met in the chair of Human Rights Minister Dr Shireen Mazari.

Sources privy to the proceedings of the in-camera meeting told Business Recorder that the government's side, which also included Minister for Parliamentary Affairs Azam Swati and State Minister for Parliamentary Affairs Ali Muhammad Khan, suggested that the government wanted one of its nominees to be elevated as ECP member from Balochistan, and, in return, was willing to accept opposition's nominee as ECP member from Sindh.

After deliberations, both the sides agreed on Naveed Baloch's appointment on the slot of member ECP from Balochistan. The two sides decided to meet again on Wednesday on the suggestion of opposition members who wanted to finalise a joint candidate after consulting their respective party leaderships, Business Recorder has learnt.

It is expected that the parliamentary committee would formally announce the final two nominations for ECP members from Balochistan and Sindh after Wednesday meeting, it is further learnt.

Speaking to media, Mazari, the committee's chairperson, hoped that parliamentary committee would reach a consensus on the appointment of the two ECP members.

Committee member Senator Mushahidullah Khan from Pakistan Muslim League-Nawaz (PML-N) said consensus on the appointment of the two ECP members was not reached 'yet' but hinted that the government and opposition benches are heading towards a compromise.

Last week, Prime Minister Imran Khan and Leader of the Opposition in National Assembly Shehbaz Sharif recommended separate names for the appointment of two ECP members from Sindh and Balochistan.

In reply to a joint letter from Chairman Senate Sadiq Sanjrani and Speaker NA Asad Qaiser asking both the PM and opposition leader in NA to send their respective nominations for the appointment of two ECP members, the PM recommended former Justice Sadiq Bhatti, former Justice Noorul Haq Qureshi and Abdul Jabbar Qureshi for the position of member ECP from Sindh and Dr Faiz Kakar, Naveed Jan Baloch and Amanullah Baloch for member ECP from Balochistan.

The opposition leader in NA suggested the names of Nisar Durrani, former Justice Abdur Rasool Memon and Aurangzeb Haq for the position of member ECP from Sindh, and Shah Mehmood Jatoi, Rauf Atta and Raheel Durrani for the same position from Balochistan.

Separately, the NA opposition leader recommended the names of Nasir Mehmood Khosa, Jalil Abbas Jillani and Akhlaq Ahmad Tarar for the position of Chief Election Commissioner while PM's recommendations for the position of CEC are still awaited. The outgoing CEC Justice Sardar Muhammad Raza is retiring on December 6.

In a recent letter to the Ministry of Parliamentary Affairs, the outgoing CEC has asked the government to take steps for the appointment of new CEC and two ECP members keeping in view that the Commission would constitutionally cease to function beyond December 6.

The ECP, it is learnt, can remain functional if the PM and NA opposition leader come together to get the two ECP members appointed by December 6, which means that the ECP will have four members and would be in position to take decisions even if the CEC retires.

In case the deadlock between the government and opposition over the appointment of the CEC persists, the Supreme Court of Pakistan is constitutionally empowered to appoint an acting CEC after the incumbent CEC retires on December 6.

The Article 217 of the Constitution of Pakistan reads, "At any time when, a. the office of Commissioner is vacant, or b. the Commissioner is absent or unable to perform the functions of his office due to any other cause, a Judge of the Supreme Court nominated by the Chief Justice of Pakistan shall Act as Commissioner."

The CEC and ECP members are appointed with consensus between the leader of the house and leader of the opposition in National Assembly.

The 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."

In the light of 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.