SC withdraws nomination of Justice Jamali as acting CEC
Secretary Election Commission has been informed in this regard. Justice Jamali is the third consecutive interim chief of the ECP in less than one year. Previously, the incumbent and outgoing Chief Justice Tassaduq Hussain Jillani had performed as acting CEC.
Meanwhile, Dr Abdul Basit, a senior lawyer, said while talking to the media that the withdrawal of SC’s judge as acting CEC was in violation of the Constitution, adding that no constitutional post can remain vacant.
Earlier, during the hearing of case on Monday, the top court conveyed that administrative order regarding the withdrawal of its judge may be passed anytime.
The three judge bench of the apex court, headed by CJ Nasir observed that, in case of the non-appointment of CEC until December 1, the court would consider issuing notices to the Prime Minister Nawaz Sharif as well as the National Assembly Leader of Opposition Khursheed Shah to explain the delay in the appointment.
Appearing before the three-member bench, Attorney General of Pakistan (AGP) Salman Butt bench said that 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 AGP Salman requested the bench to provide the government an extension to meet its orders.
However, the chief justice 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 attorney general said the consultation process had started again but Khursheed is currently in Europe and would be back in two days.
“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 SC judge as the acting CEC.
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.
Under Article 217 of the Constitution, the CJ can appoint any judge of the SC as acting CEC.
According to the 18th Constitutional Amendment, the PM 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 select one name.
The government and opposition are in a quandary after their common nominee for the position, Justice (retd) Tassaduq, who refused to accept the post after Imran Khan voiced his reservation over the choice at a rally in Rahim Yar Khan.
LG polls in K-P
The issue of LB polls would be taken up on December 1. In the last hearing (13th November) The K-P government has been directed to inform by 1st December whether it would introduce biometric system in one district or the whole province for Local Government polls, while the advocate generals of Punjab and Sindh were directed to files progress report, while Deputy Attorney General ordered to submit Ordinance and rules for holding LB polls.
LG polls in K-P to be held in April next year: Inayatullah
Local government elections in K-P will be held in April next year, said Minister for Local Government and Rural Development Inayatullah Khan during the Peshawar Assembly session on Monday, Radio Pakistan reports.
Inayatullah said that the K-P government has already presented its case before the ECP for holding these elections without biometric system as early as possible.
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IK will be happy only with a retired general as CEC