IHC dismisses plea against CEC’s appointment

ISLAMABAD: The Islamabad High Court (IHC) on Thursday dismissed a petition challenging the appointment of Chief Election Commissioner Sikandar Sultan Raja declaring it non-maintainable. IHC Chief Justice Aamer Farooq, who heard the case filed by PTI leader Akram Khan Bari, observed that Raja had retired from government service before his appointment as CEC.

The petitioner claimed that Sikandar Sultan Raja was a serving bureaucrat when he was appointed against the key post. Citing judicial verdicts, he pleaded that a serving bureaucrat could not be appointed against the instant post. Only a retired Grade-22 officer or the top court’s serving or retired judges were eligible for the post, he added.

The chief justice asked the petitioner to satisfy the court as he had not attached any relevant material to prove his case. The petitioner replied that he had taken information from the website of Election Commission of Pakistan (ECP).

The ECP’’s lawyer on the occasion presented the retirement notification of Sikandar Sultan Raja before his appointment as CEC. Raja was appointed as Chief Election Commissioner on January 24, 2020 while he retired from service in November 2019, he said.

After hearing arguments, the court reserved the verdict and later nullified the case.

Meanwhile, the Election Commission of Pakistan (ECP) said on Thursday the appointment of the incumbent chief election commissioner (CEC), Sikandar Sultan Raja, under Article 213 of the Constitution was fully in accordance with the constitutional and legal requirements.

In a statement issued here, following the rejection of a petition in the Islamabad High Court (IHC), challenging his appointment, the ECP claimed the petitions -- the instant and the previous one -- were unfounded and based on mala fide intention. The recent petition, it pointed out, had been filed in the IHC on the grounds of malice, misrepresentation of facts, blackmail and harassment, whereas the honourable courts had already dismissed such petitions in two similar cases.

It was clarified to the Supreme Court on Sept 15 in the 2021 decision that the appointment of the incumbent CEC was done according to the qualifications and criteria set under the Constitution.

Therefore, it was emphasised, the petition was rejected by the SC. Similarly, the Lahore High Court, on May 31, 2024, dismissed a similar application as unfounded, and imposed Rs10,000 fine on the applicant. “These judgments make it clear that the decision of the chief election commissioner is in

accordance with the Constitution and the cases filed against his decision are baseless and malicious,” it was noted.

Sikandar Sultan Raja had retired from civil service on Nov 30, 2019 and he was appointed as the CEC on January 27, 2020 during the Pakistan Tehreek-e-Insaf government.