Prime Minister Shehbaz Sharif has extended an invitation to National Assembly Opposition Leader Omar Ayub for a meeting to discuss the appointment of a chief election commissioner (CEC).
In a letter addressed to the opposition leader, the Prime Minister highlighted that while the term of the CEC and two other members of the Election Commission of Pakistan (ECP) concluded on January 26, they have continued to perform their duties under Article 215 of the Constitution.
The premier noted that, according to Article 218, proposals for the CEC and ECP members must be forwarded to the parliamentary committee. It is important to recall that the five-year term of CEC Sikandar Sultan Raja, along with two other Election Commission members, Nisar Ahmad Durrani (Sindh) and Shah Muhammad Jatoi (Balochistan), expired on January 26.
The procedure for appointing the CEC and members of the Election Commission is detailed in Article 213 of the Constitution, which mandates that the Prime Minister and the Leader of the Opposition jointly send three names to the President by consensus.
Should an agreement on the names not be reached, the Prime Minister and the Leader of the Opposition will submit their respective nominations to the parliamentary committee. Following this, the National Assembly Speaker will constitute a 12-member parliamentary committee, ensuring equal representation from both the treasury and opposition benches. This committee will then forward one name, selected through consensus, to the President for approval.
As per Article 217, upon the expiration of the CEC’s term, the most senior member will assume the responsibilities of the chief election commissioner, and in their absence or if the position is vacant, the next senior member will take on these duties.
The terms of the two other members of the electoral body extend for over two more years, with the Election Commission Member (ECM) from Punjab, Babar Hassan Bharwana, concluding his term on May 29, 2027, and the Khyber Pakhtunkhwa member, Justice (retd) Ikramullah Khan, serving until May 31, 2027.
However, due to significant political polarization, there had been no prior indication of contact between the Prime Minister and the National Assembly Opposition Leader to deliberate on new appointments.
The PTI has already approached the Islamabad High Court regarding this matter, with Omar Ayub and Senate Opposition Leader Shibli Faraz challenging the delay in appointing a new CEC earlier this year in March. The petition names the federal government, the Senate Chairman, the National Assembly Speaker, and the ECP as respondents.
The petitioners have argued that the tenures of the CEC, as well as the ECP members from Sindh and Balochistan, have expired, and that the ongoing delay in making fresh appointments constitutes a violation of the Constitution.
The petitioners have requested the court to affirm that the Prime Minister, the National Assembly Speaker, and the Senate Chairman have failed to fulfill their constitutional responsibilities. They have also asked the court to direct the National Assembly Speaker to form a parliamentary committee and provide the names of National Assembly members, and to instruct the Senate Chairman to send the names of senators to the National Assembly Speaker.
Furthermore, the petitioners have requested the court to issue directives to the Prime Minister to engage in meaningful discussions with the Opposition Leader under Article 213 of the Constitution, and to declare as illegal the continued holding of posts by the CEC and members of the commission despite the expiration of their constitutional terms.
