Updating voter lists: Court refuses to give ECP more time

Chief Election Commissioner retires tomorrow, process to fill the post not started yet.

ISLAMABAD:

The Supreme Court on Wednesday dismissed the application of the Election Commission of Pakistan (ECP) for an extension in the timeframe for the preparation of electoral rolls.

The three member-bench headed by Chief Justice Iftikhar Muhammad Chaudhry was hearing petitions filed by Benazir Bhutto in 2007, and recently by Imran Khan, against polluted voter lists.

The ECP had filed the application stating that it was not possible for the commission to meet the deadline, therefore some more time be given for the preparation of voter lists.

During the proceedings, the bench, while rejecting the ECP application, said they should have filed it earlier rather than after they failed to meet the deadline.

On July 4, 2011 the ECP secretary made the commitment himself regarding the updating of the electoral rolls.

In the last hearing, the court had directed the Secretary Election Commission and National Database and Registration Authority (Nadra) chief to file an explanation as to why the court order for the preparation of electoral rolls by February 23 was not met.

Impending void

The chief election commissioner is packing up after completion of his non-extendable three-year tenure, but the government is yet to initiate the process of filling this constitutional post.

He is not the only one leaving the ECP though. Secretary election commission Ishtiaq Ahmed Khan is already serving his one-month notice period after submitting his resignation earlier this month.

Once Chief Election Commissioner Justice (retd) Hamid Ali Mirza retires on March 23, and the prime minister accepts the secretary’s resignation, the two top slots will be left vacant.

In the absence of the chief election commissioner, the chief justice of Pakistan appoints an acting commissioner till the slot is filled by a permanent commissioner.

After the 18th Amendment, the procedure for appointment of the new commissioner has been changed and it is no longer the president’s discretion to nominate someone for the post.

According to the new procedure, the prime minister has to propose three names in consultation with the Leader of the Opposition to a bicameral parliamentary committee to finalise one name from among these nominees.

In case the premier and the opposition leader cannot agree on three names, both have to send their own list of names to the committee.

The parliamentary committee set up by the speaker has equal representation from treasury and opposition benches.

A spokesperson for the Prime Minister’s Secretariat said no such file has been initiated at the premier’s office so far.

Spokesperson for the ruling party, Qamar Zaman Kaira, was also oblivious of any development in this regard.

(With additional input by Irfan Ghauri in Islamabad)

Published in The Express Tribune, March 22^nd, 2012.