IHC rules for sending ECP nominations' issue to Parliament

ISLAMABAD: A bench of the Islamabad High Court (IHC) on Monday ordered that the issue of the nomination of two members of the Election Commission of Pakistan (ECP) be sent to the parliament.

“Can the parliament not even solve such a small issue?” IHC Chief Justice Athar Minallah remarked during the hearing of a petition challenging the nominations.

He said that the National Assembly speaker and Senate chairman should “end the deadlock” to avoid the ECP becoming non-functional.

“The court believes that the Parliament will resolve the issue,” Justice Minallah remarked.

Earlier, the federal government submitted its reply in the court seeking deferment of the case hearing.

“Who will oppose solution of the matter in the forum of the parliament,” the chief justice asked.

“Constitutional institutions should not be made dysfunctional, is the government wants this,” the court posed question.

The Parliament should take efforts to save the election commission from becoming non-functional, the bench stressed.

President Dr Arif Alvi in August appointed Khalid Mehmood Siddiqui and Munir Ahmed Kakar as members of the election commission from Sindh and Balochistan respectively on two vacant posts.

The chief election commissioner (CEC) refused to administer the oath to the nominated members-designate in a letter objecting that the appointment was not made as per the relevant rules of the Constitution.

Later, a petition filed in the IHC, challenging the election commission appointments.