Without two members, ECP ‘complete’ but overburdened

ISLAMABAD: The Election Commission of Pakistan (ECP) is constitutionally ‘complete’ even without finding replacements of two of its four members but is overburdened by the workload.

“When we have strength of three - the Chief Election Commissioner (CEC) and two members – instead of five, the amount of work has considerably increased,” ECP Spokesman Nadim Qasim told The News when contacted for comments on consequences of non-appointment of two ECP members.

He also said that the ECP was not incomplete because of the delay in nomination of two members in place of those who have retired, and was performing its obligatory duties.

Nadim Qasim pointed out that the Constitution has provided that the ECP would not become dysfunctional if a couple of its members retire and their replacements were not brought in immediately.

However, he said the constitutionally specified timeframe has to be kept in mind for fresh appointments by those having powers to make nominations. Before the 18th Amendment, the ECP was confronted with legal challenges in a situation caused by delay in selection of one or more ECP members. This defect was taken care by the amendment.

The spokesman said that previously one ECP bench comprising three members had to be made under the existing law and even now only a single bench can be constituted in view of the low strength.

Parliament recently amended the Elections Act, 2017, allowing the ECP to form more than one bench comprising two members instead of three. Thus, a hurdle obstructing the ECP from expeditiously disposing of petitions filed with it was done away with.

The ECP is now legally equipped to attend to a number of complaints, applications, petitions and appeals received by it by having at least two benches but only when its strength - four members and one CEC - is complete.

Several complaints are generally lodged during the general elections or by-polls by the candidates and contesting parties. Appeals relate to the decisions of the returning officers. Petitions are submitted seeking disqualifications of polls contestants or elected representatives on various charges. Issues of registration or deregistration of political parties are also raised before the ECP.

Even after this amendment, the situation in the ECP has not improved because it continues to be left with just one bench instead of at least two in the absence of replacements of the retired members.

The appointment of two members has not been possible because of lack of consultations between Prime Minister Imran Khan and opposition leader Shahbaz Sharif for their own reasons.

Unless they will do so directly or indirectly and send their preferences to the bipartisan parliamentary committee for hearing and confirmation of one nominee for every vacancy, the issue of non-appointment of two new ECP members will continue to drag.

According to the Constitution, the two vacancies were required to be filled up within forty-five days of their occurrence. The deadline expired two weeks back. Some efforts, which are still nowhere near fruition, were initiated after the expiration of this period.