In case of ‘unilateral’ appointment : PML-N threatens court battle over CEC
Says appointment must be made after ‘meaningful consultation’.
ISLAMABAD:
A fiery Pakistan Muslim League-Nawaz threatened on Monday that it would move the apex court if the government did not appoint the new chief election commissioner (CEC) with ‘meaningful consultation’.
PML-N members did attend a meeting of the parliamentary panel on Monday but did not take part in the proceedings. The meeting was convened to build a consensus on the crucial appointment — an issue the PML-N believes is directly linked to the fate of embattled Prime Minister Yousaf Raza Gilani.
“We hope the government will not make the key appointment without meaningful consultation with us … if it [government] fills the slot of the CEC without developing a consensus, we will move the court,” said PML-N leader Khwaja Asif.
“A convicted prime minister cannot propose three names to the panel. How can Gilani nominate them given that he is no longer the premier of Pakistan,” he told The Express Tribune.
The National Assembly speaker had constituted a 12-member committee to evolve a consensus on the appointment of the new CEC as Leader of Opposition in the National Assembly Chaudhry Nisar pointed out the necessity of meaningful consultations according to the Constitution.
Senator Raja Zafarul Haq, Zahid Hamid, Khawaja Asif, Lt Gen (retd) Abdul Qadir Baloch and Tehmina Doltana represented the PML-N, Federal Minister Khurshid Shah, Senator Islamuddin Sheikh, and Arif Aziz Sheikh represented Pakistan Peoples Party, Senator Maulana Abdul Ghafoor Haideri represented Jamiat Ulema-e-Islam (JUI-F), Overseas Pakistanis Federal Minister Farooq Sattar represented Muttahida Qaumi Movement, Awami National Party Senator Haji Adeel and PML-Q MNA Chaudhry Ghais Mala are also members of the committee.
Asif, however, made it clear that the PML-N would not boycott the panel’s proceedings. “We will continue to force the government to finalise the names with consultation of the opposition parties in parliament.
“We have yet to make our mind to dispatch a list of candidates for the post,” he told the reporters.
On Monday, the panel could not even choose the convener of the parliamentary committee — with the PML-N lawmakers insisting that they are still in the process of chalking out a strategy regarding the meeting.
Today (Tuesday), the committee will be meeting again and the panel will most likely appoint Khurshid Shah as its chairman.
After strong opposition by Nisar to fill the slot of the CEC, there seems to be legal complications for the government to proceed in the matter on its own accord. It is mandatory under the Constitution for the prime minister to enter into ‘meaningful consultation’ with the leader of opposition in the National Assembly to nominate the man for the constitutional post.
PPP leader Shah informed reporters that his party has finalised three names for the said post. These include Justice (retd) Munir A Sheikh, Justice (retd) Amirul Mulk Mengal and Justice (retd) Qurban Alvi.
“We will appoint the new CEC after developing a consensus with the PML-N on the issue,” Shah reiterated on Monday. He added that the government wanted to expedite the process and develop a consensus as soon as possible to fill the vacant constitutional post.
The post of the CEC becomes crucially important after the apex court’s verdict against Gilani. After the conviction, the decision of the disqualification of the premier lies with the speaker of the National Assembly — who has around 30 days to make a final decision.
If not, the onus automatically falls on the CEC. The chief commissioner, then, must make a final decision regarding the disqualification of the PM within the next 90 days.
Currently, the acting CEC is Justice Shakirullah Jan – a sitting judge of the Supreme Court. PPP fears that if they do not fill the vacant constitutional positional, the acting CEC might rule in favour of the judiciary and declare the prime minister disqualified.
Published in The Express Tribune, May 15th, 2012.
A fiery Pakistan Muslim League-Nawaz threatened on Monday that it would move the apex court if the government did not appoint the new chief election commissioner (CEC) with ‘meaningful consultation’.
PML-N members did attend a meeting of the parliamentary panel on Monday but did not take part in the proceedings. The meeting was convened to build a consensus on the crucial appointment — an issue the PML-N believes is directly linked to the fate of embattled Prime Minister Yousaf Raza Gilani.
“We hope the government will not make the key appointment without meaningful consultation with us … if it [government] fills the slot of the CEC without developing a consensus, we will move the court,” said PML-N leader Khwaja Asif.
“A convicted prime minister cannot propose three names to the panel. How can Gilani nominate them given that he is no longer the premier of Pakistan,” he told The Express Tribune.
The National Assembly speaker had constituted a 12-member committee to evolve a consensus on the appointment of the new CEC as Leader of Opposition in the National Assembly Chaudhry Nisar pointed out the necessity of meaningful consultations according to the Constitution.
Senator Raja Zafarul Haq, Zahid Hamid, Khawaja Asif, Lt Gen (retd) Abdul Qadir Baloch and Tehmina Doltana represented the PML-N, Federal Minister Khurshid Shah, Senator Islamuddin Sheikh, and Arif Aziz Sheikh represented Pakistan Peoples Party, Senator Maulana Abdul Ghafoor Haideri represented Jamiat Ulema-e-Islam (JUI-F), Overseas Pakistanis Federal Minister Farooq Sattar represented Muttahida Qaumi Movement, Awami National Party Senator Haji Adeel and PML-Q MNA Chaudhry Ghais Mala are also members of the committee.
Asif, however, made it clear that the PML-N would not boycott the panel’s proceedings. “We will continue to force the government to finalise the names with consultation of the opposition parties in parliament.
“We have yet to make our mind to dispatch a list of candidates for the post,” he told the reporters.
On Monday, the panel could not even choose the convener of the parliamentary committee — with the PML-N lawmakers insisting that they are still in the process of chalking out a strategy regarding the meeting.
Today (Tuesday), the committee will be meeting again and the panel will most likely appoint Khurshid Shah as its chairman.
After strong opposition by Nisar to fill the slot of the CEC, there seems to be legal complications for the government to proceed in the matter on its own accord. It is mandatory under the Constitution for the prime minister to enter into ‘meaningful consultation’ with the leader of opposition in the National Assembly to nominate the man for the constitutional post.
PPP leader Shah informed reporters that his party has finalised three names for the said post. These include Justice (retd) Munir A Sheikh, Justice (retd) Amirul Mulk Mengal and Justice (retd) Qurban Alvi.
“We will appoint the new CEC after developing a consensus with the PML-N on the issue,” Shah reiterated on Monday. He added that the government wanted to expedite the process and develop a consensus as soon as possible to fill the vacant constitutional post.
The post of the CEC becomes crucially important after the apex court’s verdict against Gilani. After the conviction, the decision of the disqualification of the premier lies with the speaker of the National Assembly — who has around 30 days to make a final decision.
If not, the onus automatically falls on the CEC. The chief commissioner, then, must make a final decision regarding the disqualification of the PM within the next 90 days.
Currently, the acting CEC is Justice Shakirullah Jan – a sitting judge of the Supreme Court. PPP fears that if they do not fill the vacant constitutional positional, the acting CEC might rule in favour of the judiciary and declare the prime minister disqualified.
Published in The Express Tribune, May 15th, 2012.