More than ten months ago, in January 2019, two ECP members-Abdul Ghaffar Soomro from Sindh and Shakeel Baloch from Balochistan-retired following the completion of their five-year terms and their replacements have yet to be appointed.
Another source told this correspondent that efforts have been started from both the government and opposition sides to resolve the issue of appointment of the ECP members through Parliamentary Committee on Appointment of Chief Election Commissioner and Members of Election Commission of Pakistan. They said that procedure mentioned in the Constitution would be exercised again and the prime minister would submit three fresh names in consultation with the Opposition Leader in the National Assembly to the committee.
However, previously consensus failed to be developed between the Prime Minister and Leader of the Opposition in National Assembly over the appointment of the two ECP members following which the matter landed in the related parliamentary committee. Despite considering several names, the parliamentary committee also failed to reach consensus on appointment of the two ECP members. In accordance with the relevant constitutional provisions, the new ECP members were required to be appointed within 45 days.
Since August this year, the ECP and the federal government have locked horns after Chief Election Commissioner (CEC) former Justice Sardar Muhammad Raza refused to administer oath to two ECP members Khalid Mahmood Siddiqui from Sindh and Munir Ahmad Kakar from Balochistan, citing the violation of Constitution in the appointment of these two members by President Arif Alvi on August 22, 2019.
On October 14, the Islamabad High Court (IHC) ordered that the issue of the appointment of two members of the ECP should be sent to the Parliament.
The Article 213 of the Constitution says, "(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. "(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) tend to retire after 2.5 years.
Dr Sikandar Mandhro of Pakistan Peoples Party (PPP), who is also member of Parliamentary Committee on Appointment of Chief Election Commissioner and Members of Election Commission of Pakistan, while talking to this correspondent said that the opposition members of the committee were ready to develop consensus on the names which were presented by Shah Mehmood Qureshi on behalf of the Prime Minister but later the government withdrew the names.
He said that Constitution is silent about the failure of the committee and if the consensus is not developed then the constitutional amendment would have to be made. He said that there is need of two-thirds majority and it is impossible for the government to do so without the support of opposition in the Parliament. He said that it is very serious issue and if the appointments are not made then the ECP would become totally dysfunctional after the retirement of chief election commissioner.
He said that the attitude of PTI government is not serious and it is bypassing the Parliament by promulgating ordinances.
Another committee member Dr Nisar Ahmad Cheema of PML-N, who had filed a petition in the Islamabad High Court on the issue, said that the PTI government should take this issue seriously and sit with the opposition to resolve it. He said that the committee would meet again in next few days to discuss and resolve the issue amicably.
This correspondent tried to contact Federal and State Ministers for Parliamentary Affairs Azam Khan Swati and Ali Muhammad, respectively, several times and even sent them text messages to get their response on the issue but they did not respond till filing of this report.