Top electoral job: PPP wants bureaucrats, politicians in CEC race

Khursheed Shah makes suggestion in telephone conversation with PM

ISLAMABAD:

The Pakistan Peoples Party (PPP) has proposed removing the bar that makes only a retired judge eligible to hold the office of chief election commissioner (CEC) – a suggestion which, if implemented, could have a far-reaching impact on future electoral system in the country.

In a telephone conversation with Prime Minister Nawaz Sharif on Wednesday, Leader of Opposition in the National Assembly Khursheed Shah suggested expanding the eligibility criteria for the top electoral post to include politicians and bureaucrats, sources said.

“The office of the CEC should not just be limited to retired judges,” Shah, who has a key role in the CEC’s appointment, was quoted as saying. “There should be a provision that allows politicians and bureaucrats to become the CEC as well.”

A statement released by Shah’s office confirmed the telephonic contact with the premier. “Syed Khurshid Shah has apprised the Prime Minister about PPP’s position in this regard,” it said.



The contact came a day after the Supreme Court ordered the government to appoint a CEC within two weeks and warned it would withdraw its sitting judge from the post. The post has technically been vacant ever since Justice (retd) Fakhruddin G Ebrahim resigned as CEC in July last year.

Being a constitutional post, the office of the CEC cannot be left vacant. In the absence of a regular CEC, the senior-most Supreme Court judge after the chief justice of Pakistan is appointed as an acting CEC.

Under existing provisions for the CEC’s appointment, the prime minister and leader of opposition have to consult each other to finalise a candidate. If they fail to agree on a single candidate, the two have to name three candidates each and forward their lists to a parliamentary panel constituted only to select one name for CEC.

This procedure was adopted with the 18th amendment in 2010 under the last PPP government’s regime. According to the original provisions of 1973 Constitution, it was up to the president of Pakistan to appoint any retired judge of the Supreme Court for the post.

In order to make any changes to the appointment procedure of the CEC, article 213 of the Constitution will have to be amended.

Talking to The Express Tribune, sources said Shah advised Prime Minister Nawaz to delay the appointment of CEC until the parliamentary committee on electoral reforms completes its work and finalises a package of electoral reforms. They added that the opposition leader said his party would submit the same in court.

“We will submit our reply to the Supreme Court before October 28 after consulting our lawyers,” Shah was quoted as saying.

PPP’s new proposal is quite close to what is being practiced in India, where parliament appoints a top former bureaucrat as head of election body.

Published in The Express Tribune, October 16^th, 2014.