ISLAMABAD: Opposition leaders in the National Assembly and Senate have filed a petition before the Islamabad High Court (IHC), challenging the delay in the appointment of the Chief Election Commissioner (CEC) and two members of the Election Commission of Pakistan (ECP).

The petition, submitted by Omar Ayub and Shibli Faraz, calls for urgent action to fill the vacant positions in compliance with constitutional provisions.

The petitioners argued that the CEC and ECP members from Sindh and Balochistan completed their tenure, and the delay in appointing their successors was a violation of the Constitution. They urged the court to declare illegal their continued stay beyond their constitutional tenure.

The opposition leaders contended that government inaction, particularly by Prime Minister Shehbaz Sharif, National Assembly Speaker Sardar Ayaz Sadiq, and Senate Chairman Yousaf Raza Gilani, created an “administrative void” in the ECP.

Omar Ayub, Shibli Faraz ask court to urge state functionaries to expedite the process

They asked the court to declare that the government failed to fulfill its constitutional responsibilities.

They further requested the court to issue a directive to the NA speaker to form a parliamentary committee and nominate MNAs for the selection process. Similarly, they demanded, Mr Gilani submit the names of Senate representatives to expedite the appointments.

The petitioners further sought a court order instructing the PM to hold meaningful consultations with the leader of the opposition in the NA under Article 213 of the Constitution to finalise the appointments.

The five-year terms of Chief Election Commissioner (CEC) Sika­ndar Sultan Raja, Sindh Member Nisar Durrani and Balo­ch­istan Member Shah Muhammad Jatoi ended on Jan 26, but they will continue to indefinitely hold the offices by virtue of a controversial amendment made in the Constitution in October last year.

The 26th Amendment allowed the CEC and the members to continue till their successors come in. As per Article 215(4) of the Constitution, the appointment of the CEC and members must be completed within 45 days. This deadline expired on March 12, yet no concrete steps have been taken.

Mr Raja’s term was characterised by controversies. He was often criticised by the opposition for his failure to hold timely general elections, denying PTI its iconic poll symbol of ‘bat’ and playing key role in alleged manipulation of election results.

If a consensus is reac­hed, the proposed names are sent to the parliamentary committee for approval.

In case of disagreement, each side submits three names per position, and the committee makes the final decision.

Former Supreme Court judges, technocrats and bureaucrats below the age of 68 are eligible for consideration for the post of CEC, while retired high court judges, bureaucrats and technocrats below the age of 65 are eligible to become ECP members.

Published in Dawn, March 26th, 2025