ISLAMABAD: The Election Commission of Pakistan (ECP) may remain incomplete for an uncertain period as its members from Punjab as well as Khyber Pakhtunkhwa are readied to retire on Monday (today) with no check in sight for their replacements.
The issue of consultation of ECP participants from Sindh and also Balochistan could not be fixed earlier for at the very least one year though the ECP members are to be appointed within 45 days of their retired life based on law.
Under the Constitution, the ECP makes up chief political election commissioner as well as 4 members– one from each province.
Nonetheless, three of the four ECP participants had been designated in 2016 in conflict of a constitutional arrangement that bars re-employment of courts of the remarkable judiciary within 2 years of their retired life.
No signs for replacement in sight
One of them was former court of the Balochistan High Court Shakeel Baloch that has likewise relinquished the ECP, and both other participants were retired justice Altaf Ibrahim Qureshi from Punjab and retired justice Irshad Qaiser from Khyber Pakhtunkhwa who will certainly be completing their five-year term as ECP members on Monday.
Article 207 (2) of the Constitution reviews: “A person that has held office as judge of the Supreme Court or of a high court will not hold any type of workplace of revenue in the service of Pakistan, not being a judicial or quasi judicial office or the office of Chief Election Commissioner or of Chairman or member of a regulation compensation or of Chairman or participant of the Council of Islamic Ideological Background, prior to the expiration of two years after he has actually discontinued to hold that workplace”.
None of the 3 retired judges that were assigned as ECP participants had completed the necessary period of two years without holding any kind of workplace of earnings after their retired life. One of the most glaring case was that of retired Justice Baloch that took the oath just five days after resigning from the Balochistan High Court on July 21, 2016 and also some 10 days prior to his retirement was due.
Furthermore, retired Justice Qaiser became the first-ever woman participant of the ECP within 45 days of her retired life from the Peshawar High Court on June 14, 2016.
Retired Justice Qureshi was appointed to the ECP as its member from Punjab in July 2016 7 months before the completion of the two-year post-retirement duration, as he retired from the Lahore High Court on March 5, 2015.
Under the procedure, the head of state in appointment with the resistance leader sends 3 names for each placement of an ECP member to a legislative panel for verification and also if they fail to get to agreement, separate checklists are sent to the panel for decision.
The ECP participants who were or else disqualified for the consultation had been brought in after the then ruling Pakistan Muslim League-Nawaz as well as the resistance Pakistan Peoples Party had stopped working to reach agreement and separate checklists of candidates were sent out to a parliamentary panel. According to the 12-name listings, all the four effective candidates were stated by the PML-N as its second-choice candidates while 2 of the confirmed members were the PPP’s front runner as well as two were its second option. As the panel picked the four names that were common, the workout took less than two hours.
During the regard to today PTI government, the problem of appointment of ECP members from Sindh and Balochistan can not be settled for one year.
The process was marked by indirect examinations between Head of state Imran Khan and Leader of the Opposition Shehbaz Sharif, the failure of the legislative committee to reach a decision after both sides sent different lists to it as well as the conflict including independent notification of 2 ECP participants by the government and also refusal of the then Principal Political Election Commissioner Justice (retd) Sardar Raza to administer the vow to them.