ISLAMABAD: The government appears content with the incumbent Chief Election Commissioner Sikandar Sultan Raja continuing in office after his retirement last month, allowed under the 26th Constitutional Amendment, while the opposition is seeking the start of consultations for his replacement.
This law passed by Parliament last October allows the CEC and the Election Commission of Pakistan (ECP) members to continue their official duties after retirement, till the appointment of their replacements, following an amendment in Article 215(1).
“In the Constitution, in Article 215, in clause (1) - (A) after the first proviso, the following new proviso shall be inserted, namely: - ’Provided further that the commissioner and a member shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon the office,” reads this amendment.
PTI stalwart and Leader of the Opposition in NA Omar Ayub Khan has formally written to Speaker NA Ayaz Sadiq to constitute a parliamentary committee under Article 213 (2A) and (2B) on the appointment of new CEC.
These laws provide that the PM, in consultation with NA opposition leader, forwards three names for appointment of CEC to a parliamentary committee for hearing and confirmation of any one person. In case there is no consensus between PM and NA opposition leader, each shall forward separate lists to the parliamentary committee for consideration which may confirm any one name. The parliamentary committee to be constituted by the speaker shall comprise 50 percent members from treasury benches and 50 percent from opposition parties.
“Constitution allows the CEC and the ECP members to continue performing their functions after retirement. Once the government and the opposition reach a consensus on the appointment of new CEC and members, they would be in place. There is nothing illegal about it,” Rana Sanaullah, a senior Pakistan Muslim League Nawaz (PML-N) leader and close aide of PM Shehbaz Sharif, told Business Recorder.
The PM would discuss this matter with the opposition leader, he added, without giving any timeframe in this regard.
Previously, in accordance with Article 215(1) of the Constitution of Pakistan, the CEC and ECP members automatically retired on completion of their term.
Copyright Business Recorder, 2025
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