Supreme Court of Pakistan has admitted petition filed by Dr. Tahirul Qadri regarding reconstitution of Election Commission for hearing. Apex court has issued notices to Federation of Pakistan, Attorney General and Chief Election Commissioner of Pakistan.
Tahir-ul-Qadri has approached Supreme Court seeking orders for reconstitution of ECP as constitutional process was not followed in nomination of members. Talking to media persons outside Supreme Court of Pakistan Dr. Qadri explained that Article 213 and 218 outlines a detailed procedure for appointment of ECP members.
Article 218 requires that at least 15 names (three against each nomination) will be sent to Parliament for review. All 15 aspirants will be heard in person before appointment. In his petition, Qadri has maintained that outlined procedure was not adopted before appoint so their membership declared “Void” and steps should be taken for fresh appointments.
Members of election Commission of Pakistan can’t be removed through an executive order. Constitutional procedure to remove an ECP member is similar to removal of a Supreme Court Judge. In this case, Supreme Judicial council is the only competent authority to remove a member of higher Judiciary or ECP after proper hearing. Supreme Court of Pakistan is the alternate forum which can declare any appointment illegal.
Reconstitution of Election Commission will simply mean delay in elections as this process will take time