Government, opposition given 10 days to resolve ECP issue

The Islamabad High Court (IHC) on Thursday granted ten days to the government and opposition to resolve the issue of appointment of chief election commissioner (CEC) and two members of Election Commission of Pakistan (ECP).

A single bench of IHC comprising Chief Justice Athar Minallah heard three petitions filed by two lawmakers - Senator Mohammad Javed Abbasi and Member National Assembly (MNA) Dr Nisar Ahmed Cheema - and a lawyer Barrister Jahangir Khan Jadoon and issued the aforementioned directions.

The IHC bench noted in its order; "This court is confident that every elected representative, particularly the leaders of the House and opposition will restore people's confidence in the Majlis-e-Shoora (Parliament) by recommending the most eligible persons for being appointed to the Election Commission of Pakistan as its members and the chief election commissioner without the intervention of this court."

"The court has no reason to doubt that the elected representatives in the Parliament will not allow the Election Commission of Pakistan, one of the most important constitutional forums, to become dysfunctional."

The bench directed the registrar's office to relist the petitions on 17.12.2019.

During the course of hearing, Secretary National Assembly Tahir Hussain appeared before the court and explained the efforts made by the speaker National Assembly and chairman Senate of Pakistan regarding the process for appointment of chief election commissioner and members of the Commission.

He said that the treasury as well as opposition benches have responded positively and, therefore, he requested that some more time be given so that the matter could be resolved amicably.

The IHC order also said that one of the petitioners, who is an elected representative from the opposition benches, has also appeared and has confirmed that the progress made so far has been encouraging and that it is expected that the process will be completed before the next date of hearing.

It added that this court records its appreciation for the role played by the speaker of National Assembly and the chairman Senate in resolving the disputes between the two sides and it is noted that dignity, authority and supremacy of the Majlis-e-Shoora (Parliament) is of paramount importance.

"Intervention by the courts is neither desirable nor in consonance with the status of the Majlis-e-Shoora (Parliament) and spirit of the Constitution in matters which exclusively fall within its domain. The elected representatives owe a duty to the people of Pakistan to uphold the dignity and supremacy of the Majlis-e-Shoora (Parliament). It is their obligation to ensure that people's confidence in the Parliament is maintained. This can only be achieved if the disputes are resolved without involving the courts' intervention," maintained the court order.

The bench continued that even if there is any vacuum or gap in the procedure prescribed in the Constitution, it is an obligation of the members to find a solution because they have been elected by the people of Pakistan and empowered not only to legislate but to amend the Constitution as well.

The order said, "It is for the above reasons that this court has exercised restraint in deciding these petitions and the matter was referred to the speaker National Assembly and chairman Senate. The leaders of the house and opposition in the National Assembly owe it to the people of Pakistan to rise to the occasion and ensure that the dignity, sanctity and supremacy of the Majlis-e-Shoora (Parliament) is not undermined."

On the previous hearing, the IHC bench had suspended a presidential notification of the appointment of two Election Commission of Pakistan (ECP) members and directed that the matter be resolved by the Parliament.

The legislators (petitioners) Senator Mohammad Javed Abbasi and MNA Dr Nisar Ahmed Cheema are also members of the parliamentary committee that recommends the names of ECP members.