ISLAMABAD: The opposition on Wednesday filed a constitutional petition with the Supreme Court (SC) praying for passing an appropriate order to resolve the constitutional crisis, which will occur on or after December 5, 2019 as a result of Chief Election Commissioner’s retirement.
The petition was filed by leaders of the opposition parties under Article 184(3) of the Constitution making federation of Pakistan through Ministry of Law and Justice and Election Commission of Pakistan as respondents. Akram Khan Durrani, Ahsan Iqbal, Sardar Ayaz Sadiq, Nayyar Hussain Bukhari, Farhatullah Babar, Mian Iftikhar Hussain, Muhammad Usman Khan Kakar, Muhammad Tahir Bizenjo and others filed the petition.
The petitioners contended that after the expiry of the term of incumbent Chief Election Commissioner on December 5, 2019, the Election Commission of Pakistan will become defunct, thereby halting the entire electoral system of the country.
They submitted that the silence of procedure laid down in Article 213 of Constitution in an instance where no consensus is reached in Parliamentary Committee over appointment of Members and Chief Election Commissioner will lead to a Constitutional crisis in the country.
“Owing to lack of consensus over appointments of CEC & Members of ECP or a Constitutional Amendment to resolve this issue, the only viable options left would be to approach this august court”, they submitted.
They further submitted that though terms of two members of respondent No 2 ended on January 26, 2019, still the commission was functional as CEC and 2 members were there but in the near future the situation will change all together.
They prayed to the apex court to pass an appropriate order to resolve the Constitutional crisis, which will occur on or after December 5, 2019 as a result of end of tenure of incumbent Chief Election Commissioner.
