ISLAMABAD: The five-year eventful term of Chief Election Commissioner (CEC) Sikandar Sultan Raja will end on January 26 but he will continue to hold the coveted office, as well as two other ECP members, whose stints also exhaust on the same date.
How long will the three continue in their respective offices is anybody’s guess given the prevalent political tension and lack of coordination between the government and the Pakistan Tehreek-e-Insaf (PTI), being the main opposition party.
Similarly, no hint has been dropped as yet by the government regarding a potential nominee for the slot of chief election commissioner.
Under the 26th Amendment, the tenure of the current CEC and two members — Nisar Ahmad Durrani (Sindh) and Shah Muhammad Jatoi (Balochistan) — will be automatically extended until the posts are filled, following a procedure, which may take months.
The CEC’s tenure is ending on January 26, 2025, whereas the members of Sindh and Balochistan are also bowing out the same day.
Under the 26th Amendment, they will continue to work even after the completion of their terms, as Article 215 of the Constitution allows them to remain in their respective offices until the appointment of a new chief election commissioner and members.
Sultan Sikandar Raja’s appointment was notified on January 24, 2020; however, he was able to take the oath of office on January 27.
Under Article 215, it is mandatory to appoint a new CEC or member of the commission within 45 days after the expiry of the term.
The procedure for appointing the Chief Election Commissioner and members of the Election Commission is explained in Article 213 of the Constitution.
Prime minister and the leader of the opposition will send three names to the president by consensus. If there is no agreement on the names, the prime minister and the leader of the opposition will send their respective names to the parliamentary committee after which the National Assembly speaker will form a 12-member parliamentary committee, having equal representation from the treasury and opposition benches.
The committee will send one name from these names to the president for approval after consensus.
As per Article 217, upon the expiry of the CEC’s term, the senior member will assume the responsibilities of the chief election commissioner and in the event of his absence or vacancy, the senior member will assume these responsibilities.
The two others members of the electoral body have over two years to continue, as the term of the Election Commission Member (ECM) from Punjab Babar Hassan Bharwana will end on May 29, 2027, whereas the term of the Khyber Pakhtunkhwa member Justice (retd) Ikramullah Khan will expire on May 31, 2027.
Former Supreme Court judges, technocrats and bureaucrats below the age of 68 are eligible for consideration for the post of CEC, while retired high court judges, bureaucrats and technocrats below the age of 65 are eligible to become the Election Commission members.