ISLAMABAD:After months of inaction on crucial electoral appointments, Prime Minister Shehbaz Sharif has reached out to Opposition Leader Omar Ayub, urging him to begin consultations for appointing a new Chief Election Commissioner (CEC).In a formal letter sent on Wednesday, the premier acknowledged that the terms of CEC Sikandar Sultan Raja and two other Election Commission of Pakistan (ECP) members ended on January 26, yet all three have continued in office under Article 215 of the Constitution, which allows officials to stay on until successors are appointed.Citing Article 218, the PM noted the requirement to submit proposals to a parliamentary committee for these key posts. The letter signals the first official move to break the months-long impasse since the constitutional deadline for new appointments lapsed on March 12.Process Delayed, Legal Questions AriseUnder Article 213, the prime minister and the opposition leader must reach consensus on names for the CEC and ECP members. Failing that, both submit separate lists of three nominees to a 12-member bipartisan committee, which then selects one name for the president’s approval.However, this constitutional mechanism has stalled completely. Since January, no serious discussions have taken place between the government and opposition—until now. The PM’s letter now places the onus on both sides to act.Legal Action by PTIIn March, the Pakistan Tehreek-e-Insaf (PTI) took the issue to court, with a petition filed by Omar Ayub and Senate Opposition Leader Shibli Faraz in the Islamabad High Court. The petition denounced the government’s inaction as a breach of the Constitution and named key institutions—including the federal government, National Assembly speaker, Senate chairman, and ECP—as respondents.The petition urges the court to:Direct the National Assembly speaker to form the required parliamentary committee.Compel the Senate chairman to nominate senators for the same.Order the PM to conduct meaningful consultations with Ayub under Article 213.Declare the continued service of the expired CEC and ECP members as unconstitutional.Constitutional AmbiguityLegal experts point to the 26th Constitutional Amendment, which revised Article 215(4) to allow officeholders to remain in position “until successors are appointed.” Critics argue this provision has been misused to avoid decision-making, especially when such roles are vital for overseeing free and fair elections.Currently, only two ECP members—Babar Hassan Bharwana (Punjab) and Justice (retd) Ikramullah Khan (Khyber Pakhtunkhwa)—hold valid tenures, set to expire in 2027.A Contentious TenureCEC Sikandar Sultan Raja has had a controversial term, frequently at odds with the PTI. The party has accused him of electoral bias, mismanagement, and delaying the 2024 general elections. His role in revoking PTI’s ‘bat’ election symbol and the ECP’s failure to act on the Supreme Court’s decision on reserved seats have drawn widespread criticism.Additionally, the ECP’s failure to hold Senate elections in KP has sparked further backlash, with many arguing that the delay undermines parliamentary representation and constitutional order.ConclusionWith the PM’s letter, the responsibility for resolving the CEC deadlock is now squarely in the hands of both government and opposition. Whether this outreach leads to consensus or deepens the divide remains to be seen—but with major electoral responsibilities hanging in the balance, time is running out.
