During the hearing on Monday, AGP told the three judge bench headed by Chief Justice Nasirul Mulk that Leader of Opposition in the National Assembly Khushid Shah had returned to Pakistan and the consultation process to appoint the chief election commissioner had resumed, adding that a meeting between PM Nawaz and Shah was scheduled for Monday evening.
Butt said he expected both the leaders to agree on the name during the meeting; however, requested the bench to allow them time until December 5.
When asked if the government was considering a constitutional amendment for changing the criteria on appointment of the CEC, Butt said he was unaware about any such amendment.
After a request by the attorney general, the apex court allowed the government to present the outcome of the meeting between the opposition leader and the premier till Tuesday, and adjourned the hearing.
PM Nawaz meets Khursheed Shah
Meanwhile, the meeting held between PM Nawaz and Shah failed to finalise the name for the post of CEC.
A senior law officer told The Express Tribune that the government will seek time till December 5 for the appointment of the ECP chief.
In the previous hearing, the court had observed that in case of non-appointment of the CEC till December 1, the court shall consider issuing notices to the prime minister, as well as the leader of opposition to demand an explanation on delay in filling out the key post.
The chief justice on November 24 had withdrawn the services of acting CEC Justice Anwar Zaheer Jamali, and notified this to the ECP secretary.
Justice Jamali is the third consecutive interim chief of the top polls body in less than one year. Before Justice Jamali, the incumbent chief justice, and his predecessor, Tassaduq Hussain Jillani also served as chief election commissioners.
Local government polls
The court also directed the Election Commission and the provincial Khyber-Pakhtunkhwa government to announce the schedule for local government elections.
Advocate General K-P Latif Yousafzai told the bench that the provincial government had agreed to hold local body polls by Spring 2015, without adopting the biometric system.
Yousufzai added that they wanted to use the biometric system in district Peshawar only.
He said the provincial government would have no objection if the ECP selects any district for using the biometric system.
The CJP, however, observed that it was a matter between the ECP and K-P government, and both should settle the issues and give schedule for local body polls.
Delimitation in Sindh, Punjab
The court rejected reports presented by the Punjab and Sindh governments for carrying out delimitations.
Instead, it directed the provincial governments to hold a meeting with the Election Commission for finalising the timeframe to complete the delimitation process, and submit a report on Monday, December 8.
The bench clarified that time duration for the delimitation process should not be long as suggested by the ECP, i.e. five to six months for two provinces.
The court observed that the commission and provincial governments must ensure local government elections are held within the next six months.
The provincial governments have nothing to do about the delimitation process, as it is the job of the ECP, with the government’s assistance, remarked Justice Mulk.
Polls in cantonments
Regarding the LG polls in cantonment areas, Deputy Attorney General Sajid Ilyas Bhatti submitted that Cantonment Board Election Amendment Ordinance 2013 has been finalised, and it would be approved by the president, soon.
The bench however directed the federal government to refer this draft to the ECP for examination before approval of the ordinance.
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Get rid of them the sooner the better. It's time to stand by IK. Five years PPP govt and now more years of PMLN govt will be fatal for Pakistan.