The Islamabad High Court (IHC) on Tuesday granted 15 more days for the appointment of chief election commissioner (CEC) and two members of Election Commission of Pakistan (ECP). A single bench of IHC comprising Chief Justice Athar Minallah heard three petitions filed by Senator Mohammad Javed Abbasi, Member of National Assembly (MNA) Dr Nisar Ahmed Cheema and a lawyer Barrister Jahangir Khan Jadoon and issued the aforementioned directions.
During the course of hearing, Secretary National Assembly Tahir Hussain appeared before the court along with Abdul Latif Yousafzai, Adviser National Assembly. They stated that the last meeting of the parliamentary committee could not be held because some members were not able to attend due to inclement weather.
However, they told that considerable progress has been made and some more time is required by the parliamentary committee to finalize the recommendations.
Abdul Latif Yousafzai drew the attention of the court to rules made by the parliamentary committee which had been constituted in 2011. He informed the court that the said rules are hampering the proceedings of the existing parliamentary committee.
The IHC bench noted in its order, "With the assistance of the learned adviser and the learned counsels for the petitioners, the Rules of Procedure and Conduct of Business in the National Assembly, 2007 and the rules made in 2011 have been carefully perused. A plain reading of the Rules of 2007 unambiguously shows that a parliamentary committee constituted under Article 213(2B) of the Constitution 1973 read with rule 244(C) of the Rules of 2007 has the freedom to make rules for regulating its procedure under rule 244(C)(5).
"The rules of 2011 were made by the then constituted parliamentary committee. The existing parliamentary committee, therefore, is at liberty to make separate rules for regulating its procedure. It is obvious from the cumulative reading of the above provisions that the rules made by the parliamentary committee which was constituted in 2011 are not binding on the existing parliamentary committee. It is the latter which may make rules to regulate its procedure independent of the rules made by the committees which were constituted earlier," added the bench.
The counsels for the petitioners also affirmed that the existing parliamentary committee is at liberty to make rules to regulate its procedure.
The court further said that it is noted that the spirit of the constitutional provisions contemplates that recommendations would be made through consensus. This is an onerous duty of the leaders of the house and the opposition. Nonetheless, if it is not possible to make recommendations through consensus then the members of the parliamentary committee are expected to achieve the object described in the Constitution of the Islamic Republic of Pakistan, 1973 by adopting democratic procedures and principles.
"This court reiterates its confidence that the representatives of the people of Pakistan will not undermine the sanctity, authority and supremacy of the Majlis-e-Shoora (Parliament) and that they will resolve the matter in conformity with the spirit of the constitutional provisions," maintained Justice Athar.
Later, the court deferred the proceedings till 15-01-2020 in this matter for further proceedings.
The IHC bench had suspended a presidential notification of the appointment of two ECP members and directed that the matter be solved by the Parliament.
The petitioners including Senator Mohammad Javed Abbasi and MNA Dr Nisar Ahmed Cheema are also members of the parliamentary committee that recommends names of ECP members.
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