ISLAMABAD: Chief Justice Iftikhar Muhammad Chaudhry will nominate a judge of the Supreme Court to act as the acting Chief Election Commissioner (CEC) till the appointment of a full-time CEC, official sources told Dawn on Thursday.

“The Election Commission of Pakistan (ECP) has sent a reference to the Chief Justice for appointment of an acting Chief Election Commissioner in terms of article 217 of the constitution,” a senior ECP official said.

The article 217 of the constitution reads: “At any time when the office of commissioner is vacant, or the commissioner is absent or unable to perform functions of his office due to any other cause, a judge of the Supreme Court nominated by the Chief Justice of Pakistan shall act as the commissioner.”

The inordinate delay in appointment of the acting CEC was caused by confusion over whether the president had to formally accept the resignation of Chief Election Commissioner or not. After retired Justice Fakhruddin G. Ebrahim resigned on July 31 over amendments to the presidential election schedule by the Supreme Court, President Asif Ali Zardari had sent the resignation to the prime minister for necessary action, assuming that it was not required of him to formally accept it.

The law ministry however did not notify the vacancy for 10 days, as it kept on consulting experts on the legal question. It was finally observed that a formal acceptance by the president was required and the file was again sent to the president with the advice of the prime minister. Finally, the law and justice ministry notified the vacancy created by Fakhru Bhai’s resignation on Aug 13.

A copy of the notification was received at the ECP secretariat on Thursday and instantly a reference was sent by the ECP to the chief justice for nomination of acting Chief Election Commissioner.

Informed sources said the chief justice would nominate a judge of the court to act as the CEC on Friday. The nomination will be notified by the ECP and after taking oath the acting CEC will assume his office next week.

The appointment of an acting Chief Election Commissioner prior to by-elections in 42 national and provincial assembly constituencies will also bring to an end assertions questioning validity of elections in the absence of the prime electoral body’s head.

The process for appointment of a full-time Chief Election Commissioner is yet to commence. Before the passage of 18th constitution amendment, the Chief Election Commissioner was appointed by the president in his discretion. Under Article 213 (2) of the constitution no person is appointed to be a commissioner unless he is, or has been, a judge of the Supreme Court or is, or has been, a judge of the High Court and is qualified under Article 177 of the Constitution to be appointed a judge of the Supreme Court.

Under the amended procedure, the prime minister, in consultation with the Leader of Opposition in the National Assembly, is to forward three names for appointment of the Commissioner to a parliamentary committee for hearing and confirmation of any one person.

The parliamentary committee is constituted by the Speaker. It comprises 50 per cent members from treasury benches and 50 per cent from opposition parties, based on their strength in parliament, to be nominated by respective parliamentary leaders.

In case there is no consensus between the prime minister and the Leader of Opposition, each will forward separate lists to the parliamentary committee for consideration, which may confirm any name.

The total strength of the parliamentary committee will be 12 members out of which one-third will be from Senate.