ISLAMABAD: The Election Commission of Pakistan (ECP) is busy making important decisions regarding delimitation, electronic voting machines (EVMs) and others without the appointments of the Punjab and Khyber Pakhtunkhwa (KP) members.
Two members of ECP’s Punjab and KP chapters had retired last year while the appointments were not made on the vacant seats as yet. The delay in appointments on the ECP vacant seats is affecting the institution’s performance.
It also raised questions regarding the impartiality of ECP’s decisions without the representation of two provinces.
On the other hand, the incomplete ECP is busy taking important decisions regarding delimitation, electronic voting machines (EVMs), voting rights for overseas Pakistanis, local government (LG) elections in provinces, by-elections and Pakistan Tehreek-e-Insaf (PTI) foreign funding case.
During a hearing, the PTI counsel Anwar Mansoor Khan raised objections over the incomplete ECP as the Constitution grants powers to the institution but not specific commissioners and members. It will also be a test for the Pakistan Muslim League Nawaz (PML-N) government to appoint the remaining ECP members in the absence of opposition.
Responsible institution for fair elections
The ECP is an independent body of the country which is responsible for holding free and fair elections besides registering the political parties and scrutinising the candidates’ credentials for polls, as well as monitoring political and financial affairs.
Chief Election Commissioner (CEC) is the head of the institutions, whereas, every province has its representation. The deadline for the ECP appointments has ended months ago.
KP’s Irshad Qaiser and Punjab’s Altaf Ibrahim had retired on July 26, 2021, after completing their five-year tenure. The government is bound to complete appointments within 45 days, whereas, the Constitution grants permission to ECP to remain functional with a minimum of three members.
At this time, the country is heading towards general elections but the appointment of two ECP members is not made yet.
ECP sources said that the federal government had been informed by ECP regarding the members’ retirement and two letters were sent to the ministry of parliamentary affairs, however, the appointments were not made.
Procedure for appointment
The Election Commission can function with three members, according to the Constitution, but the government has to appoint new members within 45 days in consultation with the opposition.
The prime minister and the opposition leader send three names to the parliamentary committee for the appointment of ECP members. If there is no consensus between the premier and the opposition leader, the matter is referred to a 12-member parliamentary committee.
It is not the first time as the appointments were also delayed in the PML-N government for one year.
During the PML-N government, the appointment of two ECP members from Sindh and Balochistan left pending for a year despite a 45-day deadline.
The then prime minister had refused to consult the opposition leader directly on the issue of the appointment of the ECP members for the provinces. When the matter moved to the Islamabad High Court (IHC), then the former premier consulted the opposition leader through a letter.
The same delay was witnessed during the appointment of the present Chief Election Commissioner (CEC).
Several meetings were held between the government and the opposition regarding the appointment of two members from Punjab and KP but they remained inconclusive.
PTI’s objection
The foreign funding case against PTI has been pending in the election commission for many years now. The Election Commission has decided to hear the foreign funding case on daily basis in the light of the order of the high court.
The IHC had dismissed the PTI petitions on April 14 in the foreign funding case and directed the ECP to announce its verdict within 30 days.
The PTI lawyer Anwar Mansoor, while giving arguments in the Election Commission, said that the observation given by the Islamabad High Court was unfortunate. The power in the constitution is vested in the election commission but not just the commissioner or its members.
Objecting to the incomplete ECP, the lawyer said that the commission is not complete at present and two members could not be appointed. According to the Election Act 2017, all the members of the Commission must be present but not just commissioners or members.
Test for new government
The appointment of the ECP members will be a test case for the new PML-N government as it is necessary for the government to consult the opposition leader.
However, there is neither an opposition nor opposition leader at present due to the resignation of the PTI lawmakers, whereas, the constitutional deadline of 45 days has passed.
If the government appoints ECP members without consulting the opposition leader, it would not only be unconstitutional but would also call into question the future decisions of the commission and the conduct of general elections.