PM Invites Opposition Leader for CEC Consultation

Islamabad: Prime Minister Shehbaz Sharif has extended an invitation to National Assembly Opposition Leader Omar Ayub for a meeting to discuss consultations on the appointment of a new Chief Election Commissioner (CEC).

In a formal communication to the opposition leader, the Prime Minister highlighted that the tenure of the CEC, along with two other Election Commission of Pakistan (ECP) members, concluded on January 26. However, they have continued their responsibilities as per Article 215 of the Constitution.

The premier further noted that, according to Article 218, recommendations for the CEC and members must be submitted to a parliamentary committee.

It’s important to note that CEC Sikandar Sultan Raja’s five-year term expired on January 26, alongside the terms of Nisar Ahmad Durrani (Sindh) and Shah Muhammad Jatoi (Balochistan), who were also members of the Election Commission.

The procedure for selecting the CEC and ECP members is outlined in Article 213 of the Constitution. This article stipulates that the Prime Minister and the Leader of the Opposition must jointly propose three names to the President.

In the absence of a consensus on these names, both the Prime Minister and the Leader of the Opposition are required to forward their individual recommendations to a parliamentary committee. Subsequently, the National Assembly Speaker will establish a 12-member parliamentary committee, ensuring equal representation from both the government and opposition.

Following deliberations, the committee will forward a single name from the provided list to the President for final approval.

As per Article 217, the most senior member of the Election Commission will take over as acting CEC upon the expiration of the current CEC’s term. In the event of their unavailability or if the position is vacant, the next senior-most member will fulfill these duties.

The terms of the two remaining Election Commission Members (ECMs) extend beyond two years. Babar Hassan Bharwana (Punjab) will remain in office until May 29, 2027, while Justice (retd) Ikramullah Khan (Khyber Pakhtunkhwa) will continue until May 31, 2027.

Previously, due to significant political divides, there had been no indication of communication between the Prime Minister and the Leader of the Opposition regarding potential candidates.

Earlier this year, PTI’s Ayub and Senate Opposition Leader Shibli Faraz approached the Islamabad High Court, challenging the delay in the appointment of a new CEC.

The legal action names the federal government, the Senate Chairman, the National Assembly Speaker, and the ECP as respondents.

The petitioners asserted that the terms of the CEC, along with the ECP members from Sindh and Balochistan, have lapsed, and the delay in appointing replacements constitutes a breach of constitutional requirements.

The petitioners have requested the court to declare that the Prime Minister, the NA Speaker, and the Senate Chairman have failed to meet their constitutional obligations.

Furthermore, they sought a court directive for the NA Speaker to form a parliamentary committee and provide a list of NA members. They also requested the Senate Chairman to submit a list of Senators to the NA Speaker.

The petitioners further urged the court to order the Prime Minister to engage in meaningful dialogue with the opposition leader, as mandated by Article 213 of the Constitution. Additionally, they requested the court to declare the continued occupancy of the CEC and other members as illegal, given the expiration of their constitutional mandates.