ISLAMABAD: Leader of the opposition in National Assembly Shehbaz Sharif has written back to Prime Minister Imran Khan, forwarding names against two vacant positions of Election Commission of Pakistan (ECP) members from Punjab and Khyber Pakhtunkhwa.
PML-N spokesperson Marriyum Aurangzed told Business Recorder that Shehbaz wrote back to the Prime Minister in response to his earlier letter of August 26, 2021.
From Punjab, Shehbaz has suggested six names including former Justice Tariq Iftikhar Ahmad, Muhammad Javed Anwar, former Justice Mushtaq Ahmed, Khalid Masood Chaudhary, Irfan Qadir and Irfan Ali.
From Khyber Pakhtunkhwa, three names have been forwarded including Syed Afsar Shah, Sardar Hussain Shah and Sohail Altaf.
“I am in receipt of your letter No 1769 dated 26th August 2021 regarding nominations for appointment of Members of the Election Commission of Pakistan (ECP) from Punjab and Khyber Pakhtunkhwa. I am constrained to once again point out for the record, that the ruling quoted by you in Para 3 of your letter with regard to “the consultative process should be in writing” has been mentioned by the Honourable Supreme Court in Para 36 of PLD 2011 SC 365 as a finding of the High Court of Sindh in the case of Sindh High Court Bar Association, Federation of Pakistan and 4 others (PLD 2009 Karachi 408). I had mentioned this in my letters dated 7th April 2019, and 6th December 2019, but you have again mistakenly ascribed the ruling to the Honourable Supreme Court itself. Please note that while the consultative process should be reduced in writing, we should proceed in accordance with the binding judgments of the Honourable Supreme Court relating to Article 213(2A) cited by me in previous correspondence, requiring that “consultation” has to be effective, meaningful, purposive, consensus-oriented, leaving no room for complaint of arbitrariness or unfair play” (PLD 1996 SC 324); “serious, sincere and genuine effort to evolve a consensus” (PLD 2011 SC 365); “by all means the first priority has to be directed to evolving consensus between the consultees by mutual discussion of the merits and demerits of the concerned candidate” (PLD 2009 SC 879), so that the “consultation practically amounts to an effort towards meeting of minds” (PLD 2013 SC 568). Since the 45-day period for filling of vacancies of ECP members mentioned in Article 215(4) has already expired, it is necessary that the consultative process be completed urgently,” the letter reads.
Copyright Business Recorder, 2021
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