Appointment of CEC, ECP members: Government, opposition given 10 more days

The Islamabad High Court (IHC) Tuesday granted time of ten more days to the government and opposition to resolve the matter 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, including Senator Mohammad Javed Abbasi and Member National Assembly (MNA) Dr Nisar Ahmed Cheema, and a lawyer Barrister Jahangir Khan Jadoon and issued aforementioned directions.

During the hearing, Deputy Attorney General Syed Muhammad Tayyab Shah on behalf of the government appeared before the court while the National Assembly secretary also appeared in the court and requested the IHC bench for additional time.

Justice Athar remarked that it is an important matter and therefore, more time will be given for the solution of this issue. He added that the Parliament is supreme and it has to resolve this matter. The leader of the house and the opposition leader should come forward and resolve the matter.

The bench further said that the ECP is an important institution and it needs a person who has the trust of the people, adding that they still trust the Parliament that it will be able to come up with a solution.

Later, the bench deferred the hearing by seeking a report on December 31.

Previously, 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. This 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 IHC said in the order, "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.