CEC appointment: SC extends deadline till Dec 1

SC to consider issuing notices to prime minister, National Assembly opposition leader over CEC's non-appointment

ISLAMABAD: As the earlier-set deadline to fill the post of chief election commissioner (CEC) expired, the Supreme Court on Monday extended the deadline to appoint a permanent CEC till December 1.

The three judge bench of the apex court, headed by Chief Justice Nasirul Mulk observed that, in case of the non-appointment of CEC until December 1, the court shall consider issuing notices to prime minister as well as leader of opposition in National Assembly for explanation that why the appointment has not been made so far.

Appearing before the three-member bench, Attorney General of Pakistan (AGP) Salman Butt bench said the government and majority of opposition parties had agreed on the name of one retired judge but one major political party, referring to Pakistan Tehreek-e-Insaf, had raised objection over the nomination.

The attorney general said the consultation process had started again but Leader of Opposition in the National Assembly Khursheed Shah is abroad and would be back in two days. The AG requested the bench to provide the government an extension to meet its orders.

However, Chief Justice Nasirul Mulk raised objection over the delay. Justice Gulzar Ahmad observed that nothing has been done in this regard and asked the attorney general to bring the notification regarding the appointment of CEC.

The AG, however, replied saying the opposition leader is in Europe.

“In this modern era, contact can be established with him in Europe. We understand your sincere efforts. Can you place these efforts on the record?" Justice Gulzar asked AGP.

The court said in its order that in the last date of hearing, the bench told the AGP that if there will be no appointment then they will withdraw the Supreme Court judge, who is performing duty as acting CEC.

However, Dr Abdul Basit, a senior lawyer, while talking to the media said that the withdrawal of SC’s judge as acting CEC will be in violation of the the constitution, adding that no constitutional post can remain vacant.

Justice (Retd) Fakharuddin G Ebrahim, who was appointed as the 13th CEC, had resigned on July 30, 2013 — a day after May 2013 polls. Opposition parties accused the Election Commission of Pakistan (ECP) for failing to conduct impartial polls.

Justice Jamali is the third consecutive interim chief of the ECP in less than one year. Earlier, the incumbent chief justice and the outgoing chief justice, Tassaduq Hussain Jillani, had performed as acting CEC.

Under Article 217 of the Constitution, the chief justice can appoint any judge of the SC as acting CEC.

According to the 18th Constitutional Amendment, the prime minister must consult the leader of the Opposition in the National Assembly and reach a consensus on a nominee for the position. In case they fail to agree on one name, both must propose three names each to a specially-constituted parliamentary committee, which can then pick out one name.

The government and opposition are in a quandary after their common nominee for the position – Justice (retd) Tassaduq Hussain Jillani – had refused to accept the post after Imran Khan voiced his reservation over the choice in a public rally in Rahim Yar Khan.