ISLAMABAD:
The Supreme Court on Wednesday nominated Justice Anwar Zaheer Jamali as the acting chief of the Election Commission of Pakistan, making him the third temporary head of the country’s top poll body in less than a year.
According to sources, Justice Jamali was appointed as acting Chief Election Commissioner (CEC) after Justice Jawwad S. Khawaja declined to take charge. The move comes after Justice Nasirul Mulk stepped down as the acting ECP chief following his appointment as Chief Justice.
Under article 217 of the constitution, the Chief Justice has been authorised to appoint any judge of the top court as the acting chief of the election commission.
However, it has been a precedent that the CJ appoints the senior most judge of the apex court or a justice next in line to him in seniority, as the acting election commissioner. The Chief Election Commissioner is a constitutional position which cannot be left vacant in the absence of a permanent head of the body.
Last year, Justice (Retd.) Fakharuddin G. Ebrahim, who was appointed as the 13th CEC resigned a day after presidential poll, after opposition parties accused the poll body of failure to hold impartial elections.
Following the 18th Amendment, the prime minister and leader of opposition in the National Assembly have to jointly propose three names for the office of the CEC to a 12-member parliamentary committee, constituted by the speaker of the house. In case the two do not agree on a name, they separately send the names of their nominees to the parliamentary panel.
Prime Minister Nawaz Sharif and Pakistan Peoples Party (PPP) leader Khurshid Shahare yet to initiate the process of consultations for the appointment of a permanent election commissioner.
However, speculations are rife that outgoing CJ, Tassaduq Hussain Jillani might be appointed as the next election commissioner – a position he left last year.
PBC puts a damper
The Pakistan Bar Council passed a resolution against the potential nomination of Chief Justice of Pakistan Tassaduq Hussain Jillani as CEC after his retirement. A resolution adopted by the executive committee states, “It seems that procrastination on behalf of Government in initiating the process of appointment of permanent Chief Election Commissioner is intentional with a view to accommodate the incumbent Chief Justice and his retirement is being awaited.”
The resolution says that there is a dire need for a permanent CEC and appointments to the post are being delayed in order for the government to accommodate an official of its choice.
Published in The Express Tribune, July 3rd, 2014.
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Nominating an acting CEC is fine for time being as it is constitutional requirement to not keep the post vacant. But the federal government and opposition parties should immediately start meaningful consultation for appointment of permanent Chief Election Commissioner. A non-partisan and impartial person should be chosen as CEC by PML-N, PPP, PTI and other parties. This will improve the credibility of next elections hopefully.