In a letter to Prime Minister Shehbaz Sharif, National Assembly Opposition Leader Mehmood Khan Achakzai on Monday urged the appointment of a new chief election commissioner of the Election Commission of Pakistan, as well as two members representing Sindh and Balochistan.
In the letter, dated August 10 and available with Dawn, Achakzai, who heads the Tehreek Tahafuz Ayeen-i-Pakistan (TTAP) and is chairman of the Pakhtunkhwa Milli Awami Party, drew the prime minister’s attention to a “critical constitutional duty” and stated that the statutory tenure of the CEC and the members representing Sindh and Balochistan had ended on January 26, 2025.
To that effect, he urged the “immediate filling” of the offices, terming it “essential for maintaining the operational continuity, independence, and credibility of the commission”.
In his letter, Achakzai cited two provisions of the Constitution, including Article 213(2A), which he said “mandates that the prime minister shall, in consultation with the leader of the opposition in the NA, forward three names for the appointment of the CEC to a Parliamentary Committee for hearing and confirmation”.
Article 218(2)(b), meanwhile, required that the “appointment of the members of the ECP from each province shall follow the exact same procedural requirement of consultation between the prime minister and the leader of the opposition under Article 213”.
Achakzai also drew attention to the matter at a meeting of the TTAP on Monday and informed the participants about the letter, according to a post on TTAP’s X account.
“The meeting expressed astonishment and concern over the fact that the current CEC and members continue to serve even after the expiry of their constitutional terms, and that the prime minister has not yet initiated the constitutional process for appointing new members.”
The meeting termed the establishment of an “impartial and independent EC essential for fair, transparent, and free elections”.
“Therefore, the prime minister should immediately meet with the opposition leader in this regard and initiate this important constitutional process without delay,” it added.
The incumbent CEC Sikandar Sultan Raja, along with Sindh and Balochistan ECP members, have now been in office for over a year after the expiry of their constitutionally mandated five-year terms.
The terms of the three officials ended on Jan 26, 2025. Under Article 215(4) of the Constitution, appointments to these posts were required within 45 days after the positions became vacant, i.e., by March 12, 2025.
However, a proviso inserted into Article 215(1) through the 26th Constitutional Amendment allows the CEC and members to continue until their successors are appointed. The incumbent CEC and two ECP members are serving under this provision.
At the time, the delay was partly attributed to the absence of an officially notified leader of the opposition in the NA.
It should also be mentioned that on July 30, the ECP had refused to recognise Achakzai as chairman of the PkMAP over the party’s failure to hold intra-party elections.
