IHC rejects petition seeking CEC removal

ECP says similar 'mala fide' petitions also dismissed by superior judiciary

ISLAMABAD:

The Islamabad High Court (IHC) has dismissed a petition challenging appointment of Sikandar Sultan Raja as the chief election commission (CEC) in view of some alleged irregularities.

A single-member bench comprising IHC Chief Justice Aamer Farooq on Thursday took up the petition that claimed that when Raja was appointed, he was a serving bureaucrat.

Counsel for the petitioner, Akram Bari, contended that according to a Supreme Court ruling, a serving civil servant cannot be appointed to the key constitutional position.

He stated that earlier only a serving or retired judge of the apex court could serve as the CEC but later in 2016 the relevant law was amended and retired bureaucrats of grade-22 were also made eligible for the position as a retired officer is not subordinate to anyone.

The lawyer contended that when Raja was appointed in January 2020, he was a serving bureaucrat and therefore his appointment was illegal.

When Justice Farooq asked the petitioner's counsel as to what was the evidence that the incumbent CEC was a serving officer in January 2020, he referred to the ECP official website.

The CJ asked the counsel to satisfy him on this point and prove that claim. "When someone blows the whistle, I also need evidence to take further action," he stated.

Interestingly, during the interaction one of the lawyers of the ECP came to the rostrum and announced that he had the notification of Sikandar Sultan Raja's retirement.

The judge expressed annoyance at the ECP lawyer's intrusion and noted that he had neither issued notices on the petition nor called upon him to present evidence in the court.

"You appear to be in a great hurry," he noted while also allowing the lawyer to speak.

Addressing the court, the ECP counsel showed the notification, stating that Sikandar Sultan Raja retired as a civil servant in November 2019 and was appointed as the CEC on January 24, 2020.

The judge addressing the petitioner's counsel said, "Look he had retired prior to his appointment as the CEC." Justice Farooq later briefly reserved the order. Later, he dismissed the plea.

Separately, an unnamed ECP spokesperson also issued a statement, noting that the appointment of the current CEC was made entirely in accordance with constitutional and legal requirements under Article 213 of the Constitution.

"The recent petition filed in the IHC is based on malice, misrepresentation of facts, and intended for blackmail and harassment. Honorable courts have previously dismissed two similar cases.

It said the appointment of the CEC was in line with the eligibility and criteria outlined by the Constitution and that was the reason why the Supreme Court dismissed a petition challenging it.

"The Lahore High Court also dismissed a similar petition on May 31, 2024, declaring it baseless and imposing a fine of Rs10,000 on the petitioner. These decisions clearly show that the appointment of the CEC is constitutional," the spokesperson added.