Constitutional lacunae: PTI unlikely to challenge appointment of ECP members

ISLAMABAD: Pakistan Tehreek-e-Insaf (PTI) on Thursday signalled its unwillingness to challenge the appointment of Election Commission of Pakistan (ECP) members even after legal experts spotted procedural flaws in the process.

Relevant constitutional provisions call for a parliamentary committee ‘hearing’ before confirming an ECP member. No such hearing was held by the parliamentary committee on the appointment of ECP members.

Article 213(2A) provides, “The prime minister shall in consultation with the Leader of the Opposition in the National Assembly, forward three names for the appointment of the Commissioner [or the ECP members] to a Parliamentary Committee for hearing and confirmation of any one person.”

In case there is no consensus, each shall forward their separate lists to the committee for consideration.

However, the parliamentary committee in its July 25 meeting did not conduct a hearing of any candidate when it considered the probable names of the ECP members forwarded by the prime minister and the leader of the opposition separately.

Top constitutional expert S M Zafar believes the procedure adopted by the parliamentary committee was ‘flawed’.



“It was mandatory to communicate and converse with the candidates before their finalisation,” Zafar said. Such procedural flaw can be challenged in court, according to him.

In 2011, four ECP members were chosen in the same manner. Pakistan Awami Tehreek (PAT) chief Tahirul Qadri had challenged the validity of the appointments in the Supreme Court, demanding reconstitution of the ECP.

But the petition was dismissed after heated arguments between the petitioner and former chief justice Iftikhar Chaudhry.

Talking to The Express Tribune, senior PTI leader Hamid Khan said currently no such option was under consideration by the party. Hamid admitted that the appointment process was marred by a procedural mistake but ruled out any “plan to challenge the appointment in court”.

During the proceedings of the parliamentary committee, the PTI had abstained from voting on the choice of members from Punjab and K-P, saying their nominations had not been given consideration in both the provinces by the opposition.

PTI spokesperson Naeemul Haque said the party had ‘accepted’ the newly appointed ECP members, despite its reservations.

“The top leadership will surely discuss procedural flaws in the coming days, but currently the party is not weighing the option of challenging the whole process (in court),” Haque added.

In a news statement, the Pakistan Institute of Legislative Development and Transparency (PILDAT) also expressed concerns over the “flawed appointment of the ECP members”.

“This has rendered the process of selection of ECP members vulnerable to legal challenges,” it said.

Published in The Express Tribune, July 29^th, 2016.