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ISLAMABAD: The High Court of Islamabad appointed the eminent lawyers Hamid Khan, Khalid Anwar and Makhdoom Ali Khan on Thursday as amici curiae to assist him in petitions filed by two legislators against the appointment of two members of the Electoral Commission of Pakistan (ECP) .<\/p>\n
The petitioners, Senator Mohammad Javed Abbasi and the member of the National Assembly, Dr. Nisar Ahmed Cheema, are members of the parliamentary committee that recommends the names of PCE members.<\/p>\n
After a preliminary hearing, the president of the Supreme Court of IHC, Athar Minallah, appointed the amici curiae, rejected these requests with an identical petition already pending and postponed the hearing until October 11.<\/p>\n
On August 22, President Arif Alvi appointed Khalid Mehmood Siddiqui of Sindh and Munir Ahmed Kakar of Balochistan against the two positions of the PCE, who had become vacant after completing the terms of Abdul Ghaffar Soomro and retired judge Shakeel Baloch of the respective provinces.<\/p>\n
Legislators contested the notification issued by the president for the appointment of Siddiqui and Kakar as members of the PCE of Sindh and Baluchistan, respectively.<\/p>\n
\nThe petitioners notify the president's notification of the appointment of members of the PCE, violation of articles 213 and 218<\/p>\n<\/blockquote>\n
In their petitions, lawmakers argued in court that since Prime Minister Imran Khan and opposition leader in the National Assembly Shahbaz Sharif had failed to reach a consensus on the names of PCE members, the parliamentary committee on the The appointment of the chief commissioner of elections and the members of the ECP were deliberating on the names of vacant positions in the ECP.<\/p>\n
According to the petitions, it was a surprise to legislators that instead of following the procedure established by the Constitution and the higher courts, President Alvi had made the appointments through his discretionary powers.<\/p>\n
The petitions said that the criteria for the appointment of the chief commissioner of elections and the members of the PCE had been established in the Constitution.<\/p>\n
The petitions argued that the notification issued for the appointment of PCE members on August 22 violated articles 213 and 218 of the Constitution.<\/p>\n
The petitions indicated that due to "serious illegality, the chief election commissioner has refused to administer an oath" to the newly appointed members of the PCE.<\/p>\n
According to the requests, there is no constitutional provision that allows the president to appoint Mr. Siddiqui and Mr. Kakar invoking their discretionary powers. After the approval of the 18th Amendment of the Constitution, the president has lost his discretion to appoint members of the ECP.<\/p>\n
The petitioners said that the president, prime minister and secretary of parliamentary affairs could not complete the constitutional process since a five-member Supreme Court bank had specifically provided guidelines for appointments in the PCE.<\/p>\n
They said that the appointment of both designated members of the PCE had been made without following due process and that it was marred with nepotism and favoritism. They asked the court to cancel these appointments.<\/p>\n
The petitions cited President Alvi, Prime Minister Imran Khan, the secretary of parliamentary affairs, the CEC, Mr. Siddiqui and Mr. Kakar as defendants.<\/p>\n
The petitioners said that the president's decision to appoint the two members of the PCE was unconstitutional, since it was issued "in violation of clauses 2A and 2B of article 213 of the Constitution."<\/p>\n
The ECP, in response to an already pending petition presented by Barrister Jahangir Khan Jadoon against the appointment of the two members of the ECP of Sindh and Baluchistan, submitted a response at the IHC, saying that the CEC had refused to administer the oath because " the appointment The President of Pakistan has made one of the new members of the PCE in question without adopting the procedure established in clauses 2A and 2B of article 213 of the Constitution \u201d.<\/p>\n
In explaining the clauses, the ECP stated that according to Clause 2A, "the Prime Minister, in consultation with the Leader of the Opposition in the National Assembly, will send three names for the appointment of the commissioner to a Parliamentary Commission for his hearing and confirmation" .<\/p>\n
Clause 2B explains the composition of the parliamentary commission, says the ECP response.<\/p>\n
According to the ECP, the president not only violated these clauses but also "ignored" the parliamentary committee when making these appointments.<\/p>\n
Posted on Dawn, October 4, 2019<\/em><\/p>\n<\/p><\/div>\n<\/pre>\n<\/pre>\n
Source: https:\/\/www.dawn.com\/news\/1508883\/three-lawyers-to-help-ihc-in-ecp-members-case<\/p>\n","protected":false},"excerpt":{"rendered":"
ISLAMABAD: The High Court of Islamabad appointed the eminent lawyers Hamid Khan, Khalid Anwar and Makhdoom Ali Khan on Thursday as amici curiae to assist him in petitions filed by two legislators against the appointment of two members of the Electoral Commission of Pakistan (ECP) . The petitioners, Senator Mohammad Javed Abbasi and the member […]<\/p>\n","protected":false},"author":1,"featured_media":6416,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"site-sidebar-layout":"default","site-content-layout":"","ast-site-content-layout":"default","site-content-style":"default","site-sidebar-style":"default","ast-global-header-display":"","ast-banner-title-visibility":"","ast-main-header-display":"","ast-hfb-above-header-display":"","ast-hfb-below-header-display":"","ast-hfb-mobile-header-display":"","site-post-title":"","ast-breadcrumbs-content":"","ast-featured-img":"","footer-sml-layout":"","ast-disable-related-posts":"","theme-transparent-header-meta":"","adv-header-id-meta":"","stick-header-meta":"","header-above-stick-meta":"","header-main-stick-meta":"","header-below-stick-meta":"","astra-migrate-meta-layouts":"default","ast-page-background-enabled":"default","ast-page-background-meta":{"desktop":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"tablet":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"mobile":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""}},"ast-content-background-meta":{"desktop":{"background-color":"var(--ast-global-color-4)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"tablet":{"background-color":"var(--ast-global-color-4)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"mobile":{"background-color":"var(--ast-global-color-4)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""}},"footnotes":""},"categories":[11828],"tags":[],"class_list":["post-6415","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-pakistan"],"_links":{"self":[{"href":"https:\/\/umang.pk\/ur\/wp-json\/wp\/v2\/posts\/6415","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/umang.pk\/ur\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/umang.pk\/ur\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/umang.pk\/ur\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/umang.pk\/ur\/wp-json\/wp\/v2\/comments?post=6415"}],"version-history":[{"count":0,"href":"https:\/\/umang.pk\/ur\/wp-json\/wp\/v2\/posts\/6415\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/umang.pk\/ur\/wp-json\/"}],"wp:attachment":[{"href":"https:\/\/umang.pk\/ur\/wp-json\/wp\/v2\/media?parent=6415"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/umang.pk\/ur\/wp-json\/wp\/v2\/categories?post=6415"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/umang.pk\/ur\/wp-json\/wp\/v2\/tags?post=6415"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}