‘Deadlock’ over fresh appointments: ECP may have to live with fewer members

ISLAMABAD: The Election Commission of Pakistan (ECP) could be forced to function for a long period without replacing two of its members who retired last month after completing their constitutionally-mandated five-year tenure. The reason: there is little likelihood of any contact between the two principal parties that have to agree to the appointments.

The process could see a repeat of the 2019 deadlock over picking two other ECP members, who had then retired. Once again, Prime Minister Imran Khan and leader of the opposition in the National Assembly Shehbaz Sharif are meant to select the new members through a meaningful and result-oriented consultation.

Previously, a year was lost in the stalemate as the two sides, who belatedly started communicating with each only through their aides, kept insisting on choosing their preferred candidates. Finally, they reached a consensus and the ECP became complete.

“Even after the retirement of the two members, including Justice (retd) Altaf Ibrahim Qureshi from Punjab and Justice (retd) Irshad Qaiser from Khyber Pakhtunkhwa (KP), the ECP is complete but with its increasing workload, it will face problems to perform efficiently,” an ECP official told The News.

Under the law, the appointment of the two ECP members is required to be made within 45 days of the vacancies which occurred on July 26.

The ECP that will be formed after the induction of the two new members will hold the 2023 general elections which the major political players are poised to contest fiercely. Given their animosity to one another, each side wants to have its preferred nominees installed in the ECP. The ECP comprises the chief election commissioner (CEC) and the two members.

Section 3 of the Elections Act says the ECP may exercise its powers and perform its functions even if the office of any member is vacant or any of the members is, for any reason, unable to attend its proceedings and the decision of the majority of the members will have the effect of the ECP decision. If, upon any matter requiring a decision, there is difference of opinion amongst its members, the opinion of the majority will prevail and the ECP decision will be expressed in terms of the opinion of the majority. Where the members attending the proceedings are four and they are equally divided in their opinion; or where such attendees are three and there is difference of opinion amongst them, the matter will be placed for decision before the full ECP, comprising all its members.

There is a strong possibility that the ECP, in the wake of the filling of the two current vacancies, may not have even a single retired superior court judge in its ranks after several decades. The present government and opposition had already opted for a former senior bureaucrat, Sikandar Sultan Raja, as the CEC, and two lawyers, Nisar Ahmed Durrani from Sindh and Shah Muhammad Jatoi from Balochistan. In the past, not only the CEC but all the ECP members used to be retired superior court judges.

Under Article 218 of the Constitution, a person, who has been a high court judge or a senior civil servant or is a technocrat and is not more than 65 years of age is qualified for appointment as an ECP member. A technocrat means a person who is the holder of a degree requiring conclusion of at least 16 years of education, recognised by the Higher Education Commission, and has at least 20 years of experience, including a record of achievements, at the national or international level. A senior civil servant who has served for at least 20 years under federal or a provincial government and has retired in grade 22 or above, is entitled to such appointment.

The Constitution requires the prime minister to consult with the opposition leader and forward three names for appointment of every ECP member to a parliamentary committee (PC) for hearing and confirmation of any one person. In case there is no consensus between them, each will forward separate lists to the PC for consideration and confirmation of any one name. The PC to be constituted by the speaker will comprise 50pc members from the treasury and opposition benches each, based on their strength in parliament, to be nominated by the respective parliamentary leaders.