Appointment of new Election Commission members is ‘unconstitutional’, Election Commission stands in court
The Secretary Election Commission has termed the appointment of two members in the Election Commission by the federal government as ‘unconstitutional’ and said that the legal requirements for the appointment of both members were not fulfilled.
Secretary Election Commissioner Babar Yaqub Fateh Muhammad has described this stance in the Islamabad High Court where the appointment of two members of the Election Commission has been challenged.
A few days ago, the President issued a notification for the appointment of two members to the Election Commission in which two members were appointed for Sindh and Balochistan. Khalid Mehmood Siddiqui was appointed for Sindh province while Munir Kakar was appointed for Balochistan.
Chief Election Commissioner Justice Retired Sardar Raza Khan had inadvertently denied taking oath to these members, saying that the appointment of these members was not done in accordance with the law.
The response, submitted by the Secretary Election Commission, states that the appointment of members is a violation of Article 213 of the Constitution, and that the Secretary of Parliamentary Affairs was informed on August 23.
The reply further states that the President violated 213A and B while appointing members and that the appointment of two members by the President violated the procedure laid down in the Constitution.
The Secretary Election Commission further said that the Chief Election Commissioner refused to take the oath of the members as the oath could be taken as per the legal requirements for appointment as a member of the Election Commission.
During the hearing on the petition regarding the appointment of two members, Islamabad High Court Chief Athar Manullah addressed the Federal Attorney General’s Additional Attorney General and asked whether the constitutional deadline for appointment of additional members was kept. The general said that he would inform the court by instructing the relevant authorities on all matters in this regard.
The parties involved in the petition, including the President, the Prime Minister and the Federal Ministry of Parliamentary Affairs, did not submit a response to which the court expressed apathy and addressed the Additional Attorney General saying they did not want the election. Commission enabled.
According to the Election Commission officials, this is the first time that after the 18th Amendment, neither the Prime Minister nor the Leader of the Opposition in the National Assembly agreed on the appointment of the members of the Election Commission nor the Parliamentary Committee constituted in this regard. Feedback found.
It should be noted that the government is not in favor of not taking the oath of the two members and Federal Law Minister Prabhu Naseem had asked him to approach the Supreme Court, but so far no such petition has been filed by the government in the Supreme Court. Is gone
The ruling party is also being asked to file a reference in the Supreme Judicial Council against Chief Election Commissioner Justice Retired Sardar Raza Khan, but records of the Supreme Judicial Council have not yet been filed against the Chief Election Commissioner.